Gurugram: JJB acquits boy accused of kidnapping, raping minor girlUpdated: Nov 07, 2019 23:31 IST
A juvenile accused of kidnapping, sedating and raping a minor girl for several days in captivity was acquitted of all the charges by the Juvenile Justice Board (JJB), Gurugram on Thursday.
The complainant (father of minor girl) had first approached the police on May 20, 2017, with a complaint that his daughter was not traceable, following which an FIR was registered. The police said later that day the girl’s scooter was recovered from Friends Colony in Delhi. On May 21, a second complaint was filed that victim has been kidnapped and sections 363 (kidnapping) and 366A (procuration of minor girl) of the IPC were added in the FIR. On May 23, a third complaint was filed naming the juvenile as offender and Section 212 (harbouring offender) and 120 B (conspiracy) was added.
The police said, on May 26, the complainant submitted a certificate to the effect that they belong to schedule caste and section of SC/ST Act was added.
Subsequently, the victim was found by the police in June from a railway station in Delhi on her return from Jammu and her statement was recorded in which she alleged that she was sedated, kidnapped and raped by a juvenile for several days. After this, Section 4 of POCSO Act was added in the FIR.
Absolving the juvenile of all the charges the principal magistrate of the JJB, Manglesh Kumar Choubey, in his order stated that the “videos and photographs suggest that the victim was very happy with the juvenile during this period and she participated voluntarily in all the activities”.
The board also observed that the girl could not say that she had no opportunity to raise a protest, as she had enough time . “If a victim is kidnapped and sexually assaulted, she reports the matter to anyone she finds... The absence of such natural conduct in this case without explanation falsifies the story of the victim. The juvenile is absolved of all the accusations,” stated the order.
Arun Sharma, the counsel for the juvenile, said, “In his (the boy’s) defence, he submitted a mobile phone with numerous photographs and videos.” At the time of the incident, the girl was 17 years 11 months old. As such, she was mature enough to understand and take her own decisions.
The police said, when victim was medically examined, she shared with the doctors that she was not sexually assaulted during those nine days. “This being the case, the victim cannot be relied upon on the point of sexual assault,” stated the order.
The court further observed that the victim claimed that the juvenile was not known to her, but there was no resistance during the entire incident. “The prosecution case is that the victim was taken to Jammu by bus. No person is expected to take an unmarried woman in unconscious condition without any protest and objection from the public by a public bus from Gurugram to Jammu,” stated the order.