A youth facing trial on charges of raping a girl after kidnapping her with help from his sibling in 2009 has been let off by a Delhi court after the alleged victim stated that he had had married her early this year and the accused did not commit any wrong act with her.
While acquitting East Delhi resident Imran of the rape and kidnapping charges, Additional Sessions Judge Sanjay Sharma also let off his brother Irfan of the charges of helping his brother in committing the crime.
The court let off the two brothers after the girl deposed that her parents had implicated them in false case as they were opposed to her marriage with Imran.
"It is to be noted here that she is now married to accused Imran which fact she stated in her statement while adding that neither Imran nor Irfan (his brother) committed any wrong act with her," the court said.
ASJ Sharma also rejected the prosecution argument that the girl was only about 14 years old at the time of alleged incident, saying, "When the girl had not made any allegation that either she was kidnapped or raped by the accused, the age factor would not be of any consequence."
As per the prosecution case, the girl's parents had told the police on September 12, 2009 that Imran and his brother had kidnapped their daughter a day earlier. They added two days later that she was also raped by Imran in captivity.
The girl too told police that she was picked up by Imran on September 11 while she was on her way to tuition classes and was raped by him. She also said when she tried to raise an alarm, she was beaten up with a belt by Imran and his brother.
Deposing before the court, she, however, identified Imran as her husband and added that they got married on April 23, 2011.
She also said that on the day of the alleged incident, she had gone to her friend's house after being scolded by her father and had stayed there overnight. The next day, her parents had taken her back from her friend's house.
She clarified that as her parents were opposed to her marriage with Imran, they might have alleged that she was kidnapped and raped by him.
