New Delhi: A youth accused of kidnapping and raping a minor girl has been acquitted by a Delhi court on the grounds that she was in "love" with him and had "voluntarily eloped" to marry him.
Additional Sessions Judge Virender Bhat freed the Uttar Pradesh resident, saying the alleged victim, whom he married, has not deposed anything against him in her testimony, that he "offered any allurement to her or had enticed her away".
"The star witness for the prosecution was the girl. The prosecutrix has not deposed anything against the accused. It is apparent from her testimony that she was in love with accused, they both wanted to marry each other and she had voluntarily eloped with him.
"There is nothing in her testimony that he had offered any allurement to her or had enticed her away. He did not employ any force, fraud or deceit upon her," the court said.
Initially the girl`s father in September 2012 had lodged a complaint with the police that his minor daughter had left the house without telling anybody. He further told the police that his daughter have been kidnapped by the accused.
After two days, the accused and the girl were apprehended from the New Delhi railway station. The police, however, arrested the accused and booked him under rape charges on his own disclosure statement, in which he admitted of having sexual intercourse with the girl.
The court, however, acquitted the boy, observing that he is innocent and has been falsely implicated in the case as the girl herself has deposed that they ran away from their house to solemnise marriage in a temple.
She has also told the court that they started residing as husband and wife in his house.
"It is, therefore, seen that as per the version of the girl, the accused is innocent and has been falsely implicated in this case. She has specifically deposed in her testimony that the accused had neither kidnapped her nor committed rape upon her and in fact she on her own wish had accompanied the accused to Siwan, Bihar and married him and was a consenting party to sexual intercourse with the accused," the judge noted.