Bareilly: In 2011, a person was sentenced to 10 years rigorous sentence for kidnapping and raping a minor girl. The court trusted educational documents that to determine that there was a minor (15 years and 15 days) at the time of survivor crime, although the medical report suggested that his radiological age was around 19 years.The court cited the Supreme Court’s decision in the Mahadev vs Maharashtra (2013) case and said that medical reports were considered only when the educational documents of the survivor were not available to determine the age. In this case, the court accepted the TC (transfer certificate) of a government’s primary school, rejecting the girl’s bone density test.In March 2011, the girl was kidnapped from Lakhimpur Kheri by a car driver and limited to a house in Lucknow for about two months and forced her to have a physical relationship with her. After the police rescued the girl, she said in her statement that she was repeatedly raped by the accused at gunpoint and was forced to marry her in a temple.ADGC Sanjay Singh said, “The father of the minor girl lodged a police complaint at Isanagar police station after the disappearance. After recovering, the accused was booked under IPC section 376 (rape), 363 (kidnapping), and 366 (to kidnap a woman).”“The accused did not claim and said the girl voluntarily worked with her, but the girl said she was limited to a house and raped on several occasions. The medical report also confirmed sexual harassment. The incident was reported before the POCSO Act was reported,” the ADGC said. Passing the order on Tuesday, the court also imposed a fine of Rs 16,000 on the convict, out of which the survivor will be honored as a compensation of Rs 10,000.
