The Gujarat High Court has ordered to release a rape convict after the victim told the the court she had had an affair with the convict at the time of the incident and that even after his conviction,they got married and had a child.
The court was hearing the convicts appeal against his conviction after the girl moved a regular bail application for him before the HC and produced the documents of their marriage and birth and death certificates of their baby girl,who unfortunately died a few months after being born.
Kanti Thakore was convicted in 2007 for abducting and raping the girl,then 13,by a fast-track court in Anand. The complaint was lodged by the girls father. Thakore was sentenced to seven years of rigourous imprisonment by the court along with a fine.
After his conviction,Thakore moved an appeal before the High Court and subsequently applied for bail. However,his bail application was rejected by the court in December 2008.
Subsequently,in November 2011,the girl moved a petition before the HC seeking regular bail for Thakore. During the hearing of her petition before the bench of Justice M D Shah,the girl appeared in person and stated she had voluntarily gone with Thakore at the time of the incident and that they had had an affair.
Producing papers,the girl also told the court that they even got married in September 2009,when the former was released from jail on furlough.
The girl gave birth to a child in February 2010,but the baby died in May 2010. In the birth and death certificates of the girl child,the names of the victim and Thakore have been mentioned as mother and father,respectively.
Interestingly,the girl had defended Thakore during the trial before the subordinate court also. However,Thakore was convicted mainly on the ground that the girl was a minor when the complaint was lodged with police.
Considering the peculiar facts of the case,the court of Justice M D Shah decided to partly allow Thakores appeal against his conviction and reduced his sentence of imprisonment to the period he has already undergone in jail,which is nearly five years.
The accused is in jail and hence,he is ordered to be set at liberty,if not required in any other case, the court ordered.