The additional District and Sessions Judge on Thursday sentenced a 19-year-old man to 10-year imprisonment for raping a 17-year-old girl in 2017. The court also imposed a fine of Rs 5,000 on the convict. The court of ADJ Poonam R Joshi sentenced convict Naseem Ali of Hyderabad under sections 376 (rape) and 6 of the POCSO Act.
However, the court acquitted Arun Kumar alias Rehan of Chandigarh under sections 363 (abduction) read with 120 b (criminal conspiracy), 376 (rape), 366 (kidnapping, abducting or inducing woman to compel her marriage, etc), 506 (criminal intimidation) and section 6 of the POCSO Act.
According to the prosecution, the matter dates back to September 2017, when the victim’s brother had complained to the Chandigarh Police that his sister had gone out from residence on September 4, 2017, and she was seen at Sector 17 bus stand. The complainant told the police that they tried in vain to search the victim. Then they approached the police and alleged that the victim had been abducted by some unknown person. The police then registered a case of kidnapping initiated the investigation.
Meanwhile, the accused along with the victim returned to Chandigarh after 45 days. The accused, Arun, called the family members of victim that she was with him and they could take away their daughter. The family however informed the police and the accused were arrested from Chandigarh. The medical examination of the victim was conducted which confirmed she was raped.
The victim wrote a letter to the Punjab and Haryana High Court stating that she had gone to Hyderabad with her consent, where she lived as wife of Naseem Ali for 45 days. But then during the trial, the victim in the court had stated that accused Arun Kumar had forcibly taken her to Delhi and from there he took her to Hyderabad by threatening her with dire consequences. The victim had alleged that at Hyderabad, another accused Naseem Ali and Arun Kumar raped her. However, she managed to escape and reached back home.
During the trial, the defence counsel argued that the accused had been falsely implicated in the case as the victim had gone to Hyderabad with her consent which she had mentioned in a letter written to the Chief Justice of the Punjab and Haryana High Court.
However, the counsel for victim, advocate Sajjal Sharma argued that the girl as per records is a minor and she has been enticed by the accused who are major and the letter which is mentioned by the defence counsel are not the original copies submitted in the court, while the medical examination of victim has also proved that she was raped.
After hearing the arguments, the court held Naseem Ali guilty of raping victim while Arun Kumar was acquitted after the prosecution could not prove any evidence against him.