A court in Ghaziabad has delivered a mixed verdict in a protracted legal battle that stretched over twelve years, acquitting a man of rape charges while convicting him for his role in the abduction of a minor girl. The case, registered under the stringent Protection of Children from Sexual Offences (POCSO) Act, finally reached its conclusion on Tuesday.
The Court's Verdict and Sentencing
The Special POCSO court, presided over by Additional Sessions Judge Saurabh Goyal, ruled that the prosecution failed to prove the charges of rape or intent to force marriage against the elder brother from Loni. Consequently, he was acquitted of charges under Section 366 of the IPC and Sections 3 and 4 of the POCSO Act.
However, the court found him guilty under Section 363 of the Indian Penal Code for kidnapping. He was sentenced to four years of rigorous imprisonment and fined Rs 10,000. The court ordered that the sentence be adjusted against the time he had already spent in jail, which was approximately six months before he secured bail.
Chronology of the 2013 Case
The origins of this case trace back to July 30, 2013, when the father of a 14-year-old girl filed a formal complaint at the Loni police station. He alleged that his daughter had been lured away by two brothers from their locality. Based on his complaint, an FIR was registered invoking IPC sections for kidnapping and POCSO sections for penetrative sexual assault.
Police subsequently arrested the elder brother on September 9, 2013, and later detained the brothers' mother as well. The minor girl returned home on November 5, 2013. In her statements to the police and her family, she alleged a harrowing sequence of events.
Gaps in the Prosecution's Case
The girl's testimony was pivotal. She stated that she was taken to a hotel near Jama Masjid in Delhi. There, the younger brother allegedly had non-consensual sexual relations with her and later sold her to a woman. However, a critical detail emerged during the trial that shaped the final judgment.
Judge Goyal noted that the victim, who was the prime witness, never accused the elder brother of raping her. In her consistent statements before the police, a magistrate, and the court, she maintained that the elder brother did not stay with her at the hotel and left soon after dropping them there.
This crucial gap led to his acquittal on the severe sexual assault charges. The court, however, upheld the kidnapping charge based on her testimony that he assisted in luring and abducting her.
Separate Trial for the Younger Brother
The younger brother, who was determined to be a minor at the time of the offence in 2013, faced a separate legal process. He was tried by a Juvenile Justice Board, which found him guilty. He was sentenced to three years in a juvenile correctional facility.
During his own trial, the elder brother had denied all charges, claiming he was falsely implicated due to his relationship with the co-accused younger brother. Charges were formally framed against him in April 2014.
Conclusion and Legal Nuances
While pronouncing the four-year sentence for kidnapping, the court adopted a lenient approach. It considered factors such as the accused's cooperation throughout the lengthy trial and the inordinate delay in the case's resolution, which had been pending for nearly a dozen years.
This verdict underscores the importance of specific evidence in securing convictions under different sections of the law. While the POCSO charges did not stand, the court upheld the principle of accountability for the act of abduction, leading to a significant prison term for the accused.
