6 hrs ago
Delhi High Court Reduces Sentence in 2009 Rape Case
In 2009, a 14-year-old girl left home and travelled with an 18-year-old man.
The girl was later returned home, and a case was filed against the man.
The man said she had gone with him willingly, but the law did not allow the relationship because she was a minor.
The girl gave different accounts at different stages of the case.
The court noticed that both had tattoos connected to each other.
It also learned that they had since married other people and that the woman did not want to continue the case.
The High Court decided that sending the man back to prison would be unfair under these circumstances.
It therefore counted the time he had already spent in custody as his sentence.
The Delhi High Court reduced the man’s sentence to the time he had already spent in custody.
The case involved a 14-year-old girl and an 18-year-old man who travelled to Connaught Place and Manali in 2009.
The court highlighted matching tattoos, including the man’s name on the girl’s chest and her name on his hand.
The court said the woman no longer wanted to pursue the case and that both had since married and settled their lives.
The court cited unanswered questions, the man’s lack of criminal history, and their small age difference while applying leniency.
- Who
- A man who was 18 in 2009 and a girl who was about 14; the Delhi High Court heard the man’s appeal.
- What
- The court reduced the man’s sentence in a 2009 rape case to the period he had already spent in custody.
- Where
- The events involved Delhi, Connaught Place, and Manali; the appeal was heard by the Delhi High Court.
- When
- The incident occurred in June 2009; the High Court order was noted as dated September 7.
- Why
- The court cited the tattoos, conflicting and unanswered aspects of the case, the woman’s wish not to pursue it, the man’s lack of criminal history, and their later settled lives.
Defense and Leniency
Prosecution and Legal Accountability
Whether further imprisonment was justified
Defense and Leniency
The defense argued that the man had already spent enough time in custody and should receive the lightest possible sentence, citing the relationship, matching tattoos, later settled lives, and his lack of criminal history.
Prosecution and Legal Accountability
The prosecution argued that the trial court had already considered these circumstances and had imposed a sentence below the minimum prescribed at the time.
Nature of the relationship
Defense and Leniency
The man said the girl voluntarily travelled with him and that their relationship was consensual; the defense also referred to possible protections for genuine adolescent relationships with a small age difference.
Prosecution and Legal Accountability
The court noted that the girl was a minor, so the relationship could not legally be recognised as consensual, and her age ultimately led to the man being held responsible.
Reliability of the competing accounts
Defense and Leniency
The defense relied on the girl’s initial account to medical authorities, the tattoos, and other unanswered questions as indications that the man alone should not bear responsibility.
Prosecution and Legal Accountability
The prosecution maintained that the conviction and sentence should stand, while the court noted that the girl later gave a contrary statement before the trial court.
Key facts
- Incident year
- 2009
- Girl’s age
- About 14 at the time of the incident
- Man’s age
- 18 at the time of the incident
- Sentence
- Reduced to time already spent in custody
- Key evidence noted
- The man’s name was tattooed on the girl’s chest, and her name was tattooed on his hand
- Travel mentioned
- The pair travelled to Connaught Place and Manali before returning to Delhi
- Current circumstances
- Both had married and settled in their respective lives; the woman no longer wanted to pursue the case
Quotes
Justice Vimal Kumar Yadav
Delhi High Court judge who authored the sentencing decision
“It seems some sort of soul-searching was there, where the truth sits naked. In her heart of hearts, deep down somewhere, she must also be looking for answers and explanations for the tattoos and travel to Manali, etc.”
indianexpress.com
“nothing short of a travesty of justice”
indianexpress.com
Sources
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