PTI | Jun 6, 2012, 06.44PM IST
NEW DELHI: A father of two, accused of kidnapping and raping a minor, has been allowed to walk free by a Delhi court which only found him guilty of taking away the victim out of lawful guardianship of her parents and awarded him imprisonment he had already undergone during trial.
32-year-old Pawan, a resident of Najafgarh in west Delhi who is married with two children, was acquitted for the offence of raping the 15-year-old girl by the court which found several "contradictions" in the evidence produced by the prosecution.
However, additional sessions judge Vijay Kumar Dahiya, said there are "corroborative evidence" and statement of victim's mother to support that "the accused had taken her away out of lawful guardianship of her parents without her consent and further confined in his vehicle, so offence under Section 366 (kidnapping) and 342 (punishment for wrongful confinement) of the IPC is proved by the prosecution beyond reasonable doubt."
While acquitting Pawan, the court said not only "medical evidence is contrary to the oral evidence" but "one set of evidence is in contradiction to other set of evidence" in the case.
The court referred to the medical report which "ruled out the possibility of sexual intercourse by a fully grown male."
The judge, who convicted the accused for kidnapping class IX girl said that he is a young person having two children to bring up, so there is chance of his reformation.
"In view of the fact that convict is a young person having children to bring up, I am of the opinion that there are chances of reformation of the convict," the judge said, while imposing a fine of Rs 2,000 on the convict.
Link: Man accused of raping minor walks free
32-year-old Pawan, a resident of Najafgarh in west Delhi who is married with two children, was acquitted for the offence of raping the 15-year-old girl by the court which found several "contradictions" in the evidence produced by the prosecution.
However, additional sessions judge Vijay Kumar Dahiya, said there are "corroborative evidence" and statement of victim's mother to support that "the accused had taken her away out of lawful guardianship of her parents without her consent and further confined in his vehicle, so offence under Section 366 (kidnapping) and 342 (punishment for wrongful confinement) of the IPC is proved by the prosecution beyond reasonable doubt."
While acquitting Pawan, the court said not only "medical evidence is contrary to the oral evidence" but "one set of evidence is in contradiction to other set of evidence" in the case.
The court referred to the medical report which "ruled out the possibility of sexual intercourse by a fully grown male."
The judge, who convicted the accused for kidnapping class IX girl said that he is a young person having two children to bring up, so there is chance of his reformation.
"In view of the fact that convict is a young person having children to bring up, I am of the opinion that there are chances of reformation of the convict," the judge said, while imposing a fine of Rs 2,000 on the convict.
Link: Man accused of raping minor walks free
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