Rape charge dropped, but youth jailed for kidnapping

NEW DELHI: A 22-year-old youth has been acquitted in a case of rape of a 17-year-old girl. The court observed that the girl, who was his tenant, was admittedly in deep love with him and they had consensual sex. The court, however, convicted the youth for kidnapping the girl and sentenced him to four years' imprisonment.

The girl's father registered a complaint on February 4, 2010 after she went missing on February 1. He was arrested on April 29 that year.

Additional sessions judge TR Naval said, "The offence of rape is a heinous one which carries grave implications for the accused if convicted. Therefore, the degree of proof has to be of a high standard and not a mere possibility of committing the offence."

The judge pointed out that even if the girl went with the accused on her own, it would not have helped him as she was still a minor. However, taking into account the convict's young age and clear record, and the fact that he has already spent 11 months in custody, the court directed that 11 months be deducted from his four-year jail term.

While sentencing Bharti, the court observed that crimes against women are increasing and said, "Parliament had to pass the Criminal Law (Amendment) Act, 2013 which came into effect since 03.02.2013 to combat the sexual assault on a woman, therefore, it would not be just, fair and appropriate to release the accused on probation of good conduct."

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