A Kalyan sessions court has sentenced a man to 10 years of rigorous imprisonment for the rape of a 15-year-old girl, a crime that occurred following her forced religious conversion in 2011. The court’s decision reflects a firm stance against such heinous acts, emphasizing the need for justice in cases involving minors and forced conversions.
Court Convicts Man of Rape, Acquits on Kidnapping Charges
An additional sessions judge, P P Muley, has convicted a 25-year-old man on rape charges under the Indian Penal Code (IPC). The court imposed a fine of Rs 5,000 and ordered an additional month of simple imprisonment if the fine is not paid. However, the man was acquitted of kidnapping charges.
During the trial, the defense presented ‘love letters’ and call records, claiming that the victim was in a consensual relationship with the accused and had willingly accompanied him. The court ruled that, regardless of the victim’s feelings, as a minor, she lacked the legal capacity to give consent. The judgment highlighted that the accused, who was a friend of the victim’s deceased sister, continued to pursue her despite warnings from her father and law enforcement officials.
According to the prosecution, the accused took the victim to Lucknow in Dec 2011 using deceitful tactics, including booking a room under a fake name. the court dismissed this as a mitigating factor, observing that providing medical aid could not justify his ill intentions or establish bona fide conduct, characterising the episode as a predetermined plot aimed solely at exploiting the victim. Relying on Supreme Court’s landmark ruling in 2017 in the Independent Thought case, judge Muley held that sexual intercourse with a girl under the age of 18 amounts to rape under Section 376 of IPC even if marriage rites were performed or the victim is shown as a wife While the defence pointed out that the man had arranged for her medical treatment. Holding that the accused could not claim protection under exception 2 to Section 375 of IPC, the court sentenced him to a decade behind bars.
The assault took a severe toll on the minor’s physical health, leaving her ill and unconscious for four days, it said. The court observed that upon reaching Lucknow, he contacted a religious leader and took the minor to a mosque, where she was made to sign papers written in Urdu. Emphasising her minor status, the judge ruled that her participation in the conversion rites could not be deemed voluntary and constituted forceful conversion. The court noted that immediately following the conversion rites, the man established physical relations with the victim, disregarding her tender age.