Delhi HC acquits a man convicted 15 years ago for kidnapping minor girl
May 12, 2022
New Delhi [India], May 12 : The Delhi High Court on Thursday acquitted a man who was sentenced 15 years ago for the offence of kidnapping a minor girl.
The High court noted that the prosecution has failed to prove its case beyond a reasonable doubt. The petitioner was held guilty in 2007 and was awarded three years imprisonment. This case is connected with the kidnapping and rape of a minor girl in 1998.
The bench of Justice Chandra Dhari Singh acquitted the petitioner Jasbir Singh and observed, "This Court finds substance in the contentions of the appellant that the prosecution has failed to prove its case beyond reasonable doubt qua the present appellant as he was convicted for the offence of kidnapping and intimidation."
The bench said, "Keeping in view the above facts and circumstances, the criminal appeal filed by the appellant is allowed and the judgement of 9 January 2007 and sentence order of 15 January 2007 passed by the trial court is set aside. The appellant is acquitted of the offence of kidnapping and intimidation."
The High Court noted that the material witness that is the mother of the prosecutrix, her friend was not examined and there are material contradictions in the testimony of the prosecution witnesses also there is no explanation for the delay in lodging the FIR. There is no certain proof of age of the prosecutrix at the time of the incident.
As per the prosecution case, on 25 September 1998 minor girl of 15 years of age went missing and the father of the girl filed a complaint. An FIR was registered on 28 September 1998 on the basis of said complaint. Later on, the girl was recovered from a village in Madhya Pradesh on 25 November 1998. On the statement of the girl Jasbir, Keshav was arrested. Keshav was convicted for the offence of rape and Jasbir was convicted for the offence of kidnapping.
