Recalling an English saying that one cannot love and be wise, a Delhi court spared awarding a harsh jail term to a 21-year-old man held guilty of kidnapping a minor girl who eloped with him.
After convicting Delhi resident Deepu Kumar of kidnapping,since the girl was a minor,Additional Sessions Judge Virender Bhat sentenced him to day-long detention in the court room itself and then let him off. The court also imposed a fine of Rs 1,000 on him.
One becomes mad in love and cannot be expected to think rationally,ASJ Bhat said adding the convicts plight and circumstances are very well understandable. In the case at hand,the boy had decided to elope with the girl believing her when she told him that she was not a minor.
It is apparent from the record that the convict and prosecutrix were in love with each other and in fact the prosecutrix (girl) had insisted upon the convict to perform a run-away marriage with her, the court said. The court said the only thing that went wrong was that the girl was below 18 years of age but the boy could not blamed as she had not revealed her true age to him.
For that also,the convict cannot be blamed as the girl had revealed her age to be 19 at that time. The convict did not take care to verify the age of the prosecutrix and thus,landed in trouble, the court said. One cannot love and be wise…. He had no choice but to believe his beloved when she said she was a major, the court said.
The prosecution had alleged that the boy had kidnapped the minor girl in January 2011 and forced her to marry him. The girl,however,had deposed she was in love with the boy and had got married to him of her own will.