Ramkrishan Upadhyay
Chandigarh, May 20
After spending over two years in jail as an undertrial, a Fast Track Special Court, Chandigarh, acquitted a 23-year-old youth, Binder Verma, a resident of Burail, Chandigarh, of rape charges after a girl testified before the court that she is not a minor and had solemnised marriage with the accused.
The police arrested the accused after registering an FIR on a complaint of the girl’s mother for the offences punishable under Sections 363, 366 and 376 (3) of the IPC and Section 6 of the POCSO Act at the Sector 34 police station in September 2019.
The victim’s mother told the police that her daughter, studying in Class VIII at a government school in Chandigarh, went for computer classes in Sector 34, but did not return home. She had doubts that the accused, who was also residing in the same locality, had enticed away her daughter with an intention to marry her. The woman claimed that her daughter was minor.
After investigation, the police submitted a challan in the court against the accused. The court framed the charges against the accused to which he pleaded not guilty and claimed trial.
Sudhir Sharma, counsel for the accused, argued that he was falsely implicated in the case by the police and the victim had not supported the case of prosecution. Sharma argued that the victim had also disputed her age as claimed by the prosecution.
He further argued that the victim and the accused had solemnised marriage as per Hindu rites and ceremonies in 2019. He argued that the prosecution had failed to prove that the victim was minor. He said no effort was made to secure the evidence with regard to the birth certificate of the victim. After hearing the arguments and examining the records, Swati Sehgal, Judge, Fast Track Special Court, acquitted the accused of all charges framed against him.
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