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Delhi HC reduces statutory rape convict's sentence in light of minor victim's testimony[Read Judgment]

Team SoOLEGAL 29 Sep 2017 5:21pm

Delhi HC reduces statutory rape convict's sentence in light of minor victim's testimony[Read Judgment]

The Delhi High Court on Monday reduced the sentence of a man convicted of kidnapping and rape of a minor in light of the testimony of the victim, who claimed that she had physical relations with him of her own volition.

The convict had appealed against the trial court order which sentenced him to 7 years’ imprisonment under sections 363, 366 and 376 of the IPC.

Appearing for the appellant, Advocate SK Sethi submitted before the Court that,

“The prosecutrix left the house of her aunt on her own as her father wanted to sell her to some other person but she was in love with the appellant. Fearing that she might be sold to a stranger, she left her house of her own to perform Nikaah with the appellant and had consented to have physical relations with him.”

He also referred to the statement made by the prosecutrix wherein she had specifically stated the reason for leaving her house and that the physical relations with the appellant were made with free consent.

It was further argued that the appellant, as well as the prosecutrix both, belong to the Muslim community, where the age of Nikaah is the age of attaining puberty.

On behalf of the state, Additional Public Prosecutor Kusum Dhalla submitted that since the prosecutrix was a minor at that time, the consent, if any, given by her was immaterial.

The Single Judge Bench of Justice Pratibha Rani observed,

“She (prosecutrix) specifically stated that physical relations were made with her consent…The only issue that is relevant for deciding in this appeal is the effect of consent by a girl under 16 years of age.Tagged: Delhi High Court   Advocate SK Sethi   Justice Pratibha Rani  

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