The court ruled that it can rely on a portion of the victim’s testimony, which is credible and corroborated by medical evidence. (representative image)
GURUGRAM: Three years after a minor was abducted from her house and raped, a fast-track court in Panipat sentenced a 22-year-old man to seven years’ imprisonment even though both the victim and her mother retracted Were. The trial and court failed to identify the man.
The court relied on medical evidence, which proved to be sexual assault, and relied on “strong and convincing evidence” put before it by prosecutors to convict the man, who was then 19 years old.
According to the complaint, on July 21, 2019, the 16-year-old girl, then, was sleeping on the terrace with her mother when the accused – who was a neighbor – kidnapped her and raped her inside a room. filed with the police. When the family members reached the spot after hearing the cry of the girl, the accused fled.
An FIR was registered at Model Town police station under the Protection of Children from Sexual Offenses (POCSO) Act and sections 376 (rape), 365 (kidnapping) and 506 (criminal intimidation) under section 4 (penetrative sexual assault). ,
In his February 28 order, Additional Sessions Judge Sumit Garg of the POCSO court ruled that the court may rely on a portion of the victim’s testimony, which is credible and corroborated by medical evidence.
“The court is of the view that the prosecution has been able to prove its case by giving concrete and convincing evidence through examination of all important witnesses,” the judge said. Furthermore, the court said that the medical evidence was of “paramount importance” in the case.
The court was faced with two versions – one where the minor stated in a statement before the magistrate that the accused was the same person who had kidnapped and raped her; and another, where during cross-examination, the minor claimed that the assailant was some other person, but said that he was abducted and raped.
“It is at this juncture that as discussed above, medical evidence again assumes great importance. The medical evidence clearly corroborates the earlier version of the victim,” the court observed.
District Attorney Rajesh Choudhary said the medical evidence was important in the case as human semen was found on the body and dress of the minor and it matched the DNA profile of the accused.
However, while sentencing the man to seven years of imprisonment, the court observed that the offender should be given an opportunity to rehabilitate and improve life, considering the fact that he had entered adolescence at the time of the offence.
(The identity of the victim is not disclosed to protect her privacy as per Supreme Court directions on matters related to sexual harassment)
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