Consensual physical relation with a minor girl would amount to rape, a Delhi court has said while awarding five years jail term to a man for luring away and having sex with her.
“I am of the view that the victim was a consenting party when she accompanied the accused from her school. Nothing has come on record to infer that he had forcibly kidnapped and raped her,” District and Sessions Judge S P Garg said.
These favourable findings of the court, however, could not save convict Srikant, a resident of Ghaziabad, from being held guilty for the offence of rape and kidnapping.
“I am also of the considered opinion that the prosecution has proved on record beyond reasonable doubt that she was below 16 years of age on the day of the incident and hence, her consent to accompany and to have sex was no consent in the eyes of law,” the court said, dismissing the plea of the convict that he did no wrong.
The court took serious note of the trauma of the parents and relatives of the minor girl who was lured away and enticed to enter into physical relation by the accused at a place in Uttar Pradesh on December 10, 2009.
The girl was kept in illegal confinement for six days before being recovered by the police.
“The convict could have understood the trauma of the parents and relatives whose minor daughter remained missing for a number of days. The accused exploited her innocence and immaturity,” the court, which also imposed a fine of Rs 2,000 on Srikant, said.
The convict, a driver, had taken away the girl from her school in the national capital on the morning of December 10, last year and entered into physical relation with her.
He was arrested and prosecuted after the father of the girl lodged a complaint with the police.