A fast track special court acquitted Appu alias Raju, who was accused of kidnapping a minor girl, wrongfully confining and raping her, holding that the prosecution failed to prove the charges beyond reasonable doubt.
The court also found doubts surrounding her age. Additional sessions judge Yashika pronounced the judgment on September 9. The accused was charged under Sections 137(2) BNS (kidnapping), 87 BNS (kidnapping/abduction to compel marriage or illicit intercourse), 140(3) BNS (concealing or confining a kidnapped/abducted person), 64(2)(m) BNS (repeated rape), 65(1) BNS (rape of a woman below 16 years) and Section 6 POCSO Act (aggravated penetrative sexual assault of a child). 2008, the school official admitted that the date had been recorded based on a transfer certificate and had not been independently verified While the prosecution relied on school records showing her date of birth as January 1. The court also noted that in an affidavit filed before the Punjab and Haryana high court, she had stated her age as 19-years.
On the kidnapping charge, the court referred to the Supreme Court’s ruling in S Varadarajan vs state of Madras, observing that there is a distinction between “taking” a minor and allowing or accompanying a minor who voluntarily leaves her guardian.
The court also noted that forensic evidence indicating sexual contact did not, by itself, establish rape or aggravated sexual assault. The court ultimately acquitted Appu of all charges.
