New Delhi: A Delhi court has acquitted a man
of the charges of raping a minor girl for five months after
kidnapping her, saying that she was ravished all through was
"not believable and trustworthy".
"The evidence of the prosecutrix (girl) indicates that
for about five months or so she remained with the accused who
took rooms on rent while the accused was working to earn his
livelihood. The evidence of the prosecutrix that she was raped
all through without her consent is not believable and
trustworthy," Additional Sessions Judge Dharmesh Sharma said.
Acquitting accused Joginder of kidnapping charge, the
court said the testimony of the girl that she was induced by
the accused to elope with him was "not credible".
"The accused by complying with her wishes can by no
stretch of imagination be said to have taken her out of
keeping of her lawful guardian. The part played by the accused
could be regarded as facilitating the fulfillment of the
intention of the girl," it said.
It also noted that she was more than 16 years of age and
living in an urban area and it was not fathomable that she
could have been allured by the accused in leaving the company
of her family members.
A missing report was lodged with the Moti Nagar police
station here in November 2004 by the girl`s brother.
The girl alleged that on November 16, 2004 the accused
had asked her to accompany him promising that he would marry
her and took her to various places before dumping her at his
house in Bijnor in Uttar Pradesh.
She was recovered from Shimla, where she reached after
getting help from Joginder`s friend, in February 2005 and
brought to Delhi. The accused was arrested subsequently.