New Delhi: Delhi High Court has reduced the sentence to that already undergone by a man accused of raping a girl in 2009, noting that both are now living with their respective spouses.
The court also took into account the fact that the girl, who was a minor then, had got the name of the then 18-year-old boy tattooed on her chest and willingly accompanied him for outstation trips. “The fallout of the punishment would not be confined to him alone. He is heading towards the evening of his life. The long-drawn criminal trial and proceedings, thereafter, must have not only wisened him but tired him out too. As such, considering the otherwise clean antecedents, it seems that the period of custody already undergone… would be sufficient to meet the ends of justice,” he added. Once it became clear that sexual relations with a minor stood proved, the man only sought a reduced sentence, accepting his conviction.
In her heart of hearts, deep down somewhere, she must also be looking for answers and explanation for the tattoos and travel to Manali, etc.,” the court noted, adding that there “was no misuse of power, wealth, status or age by the appellant. The court also pointed out that the woman “herself cannot escape the blame or has a fair contributory share in the offence”. The court said the only factor which weighed against the accused was the age of the girl who was then a minor.
The high court noted that the complainant woman had also expressed her desire not to contest the case. “It seems, some sort of soul searching was there, where the truth sits naked. However, the counsel for the accused cited a recommendation made by Supreme Court to introduce a kind of Romeo-Juliet clause as has been recognised and used in various other countries.