Delhi court acquits youth accused of abducting minor
18 Dec 2013 5:35 AM IST
Additional sessions judge Gulshan Kumar let off a Delhi resident observing that the girl in her statement to the police earlier had said that she went with the accused of her ‘free will’ and they also ‘got married’.
It also observed that the alleged victim had refused to undergo medical test after lodging the case.
‘When the main witness (prosecutrix/victim) of the case has unfortunately expired and she could not be examined before the court, I am of the considered view that case is not proved against accused....
‘...that he kidnapped prosecutrix, aged 15 years, from the custody of her lawful guardian with an intent that she may be compelled or knowing it to be likely that she will be compelled to have illicit intercourse,’ the court said.
The youth was picked by the police on a complaint lodged by the girl’s mother, who had alleged that in March 2011, the accused had kidnapped her daughter when she was retuning home after attending her school.
The woman had alleged that her daughter was taken away by the accused to compel her to have illicit intercourse. The boy had denied the allegations of the prosecution.
‘In the present case, summons sent to prosecutrix were received back with the report that she has expired. IO of the case has verified her death and filed her death verification report along with the postmortem report.
‘Due to her death, she could not be examined before the court. I have perused her statement under section 164 CrPC before Metropolitan Magistrate, wherein she has stated that she is 18-years-old and with her own free will, she left with accused and they both got married,’ the judge observed.
It also observed that the alleged victim had refused to undergo medical test after lodging the case.
‘When the main witness (prosecutrix/victim) of the case has unfortunately expired and she could not be examined before the court, I am of the considered view that case is not proved against accused....
‘...that he kidnapped prosecutrix, aged 15 years, from the custody of her lawful guardian with an intent that she may be compelled or knowing it to be likely that she will be compelled to have illicit intercourse,’ the court said.
The youth was picked by the police on a complaint lodged by the girl’s mother, who had alleged that in March 2011, the accused had kidnapped her daughter when she was retuning home after attending her school.
The woman had alleged that her daughter was taken away by the accused to compel her to have illicit intercourse. The boy had denied the allegations of the prosecution.
‘In the present case, summons sent to prosecutrix were received back with the report that she has expired. IO of the case has verified her death and filed her death verification report along with the postmortem report.
‘Due to her death, she could not be examined before the court. I have perused her statement under section 164 CrPC before Metropolitan Magistrate, wherein she has stated that she is 18-years-old and with her own free will, she left with accused and they both got married,’ the judge observed.
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