Chandigarh court acquitted a man accused of kidnapping and rape after noting that the girl “appeared very happy in wedding photos” taken before many guests. The judge said the prosecution failed to prove she was a minor at the time.
The District Court of Chandigarh acquitted a man charged with kidnapping and rape, citing that the alleged victim appeared very happy in photographs taken at a wedding reception with around 200 attendees.
Dr. Yashika, the Additional District and Sessions Judge, concluded that the prosecution did not definitively establish the girl’s age as a minor at the time of the incident.
As a result, the court determined that she was free to engage in a consensual relationship with someone of her choice.
Case Background
The legal proceedings began with a complaint filed by the girl’s father on May 14, 2023. He claimed that his daughter, whom he asserted was 15 years old, had left their home on May 12 without notifying anyone.
The father accused the defendant of luring her away under the pretense of marriage. Following this complaint, the police registered an FIR and issued a chargesheet under Sections 363 (kidnapping) and 376(2)(n) (rape) of the Indian Penal Code (IPC), as well as Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act.
The prosecution relied on medical evaluations, including an ossification test estimating the victim’s bone age to be between 15 and 16 years and dental age from 14 to 16 years. The prosecution argued that the accused forcibly took the victim from her guardian and engaged in non-consensual sexual relations with her over two years.
The accused denied all charges.
A crucial element in the verdict was establishing the victim’s age. The court highlighted the lack of solid documentary proof, such as school records or birth certificates from the Municipal Corporation, to support the claim that the girl was a minor.
Judge Dr. Yashika referred to the standard legal principle concerning the margin of error in age estimation, stating,
“By applying the margin of error of principle of two years to the estimated age of victim, which is 15 to 16 and a half, the victim is held to be more than 18 years of age at the time of her examination… so if we presume the date of the offence as May 12, 2023, then at that time, the age of victim was more than 18 years.”
The court identified significant inconsistencies in the prosecution’s allegations related to coercion. The Judge placed considerable weight on the visual evidence from the wedding reception, noting it was a sizable occasion attended by many people.
The judgment stated,
“Otherwise also from the marriage and reception photographs, in which she is looking very happy.”
The court further reasoned that it was improbable for the accused to have established physical relations against the victim’s will.
During cross-examination, it was revealed that her parental home was merely 5-6 houses away from the accused’s residence, indicating that she had ample opportunity to return home or seek help if she had been forcibly taken.
The court noted,
“As far as the allegations of victim that she had been ravished by the accused is concerned, then here the girl was a grown-up, who could not be proved to be a child, and in such circumstances, had she been subjected to rape by the accused… she had every opportunity to raise alarm, but she never opted for the same suggesting the court that she had been a consenting party.”
By highlighting the material contradictions between the statements given by the victim and her father, the court concluded that the possibility of false implications could not be dismissed.
The Judge observed that it seemed as though the victim and her father had twisted the story regarding her enticement.
Ultimately, the court deduced that the girl likely left with the accused willingly and was never kidnapped for the purpose of forced sexual intercourse. Based on these findings, the court acquitted the defendant of all charges.
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