5 hrs ago
Man sentenced to 10 years for 2011 rape of minor
A court in Kalyan sentenced a man to 10 years in prison.
The case involved a girl who was 15 years old in 2011.
She traveled with the man from Dombivli to Lucknow.
The court said he had planned to have sex with her.
Because she was under 18, the law treated the sex as rape.
The court also said her conversion to Islam could not be considered voluntary because she was a minor.
He was cleared of kidnapping because she had gone with him willingly.
The court recommended that the victim receive compensation.
A fast-track court in Kalyan sentenced Azhar alias Badu Mustaq Qureshi to 10 years’ rigorous imprisonment.
The court found that he raped a 15-year-old girl in 2011.
The victim had accompanied Qureshi from Dombivli to Lucknow and later converted to Islam.
Qureshi was acquitted of kidnapping because the victim had voluntarily accompanied him.
The court said her minor status meant her conversion and sexual participation could not legally be treated as voluntary.
- Who
- Azhar alias Badu Mustaq Qureshi, aged 39, and a 15-year-old girl were involved; the prosecution examined seven witnesses.
- What
- A special fast-track court sentenced Qureshi to 10 years’ rigorous imprisonment for raping the minor.
- Where
- The case was decided by a special fast-track court at Kalyan in Thane district; the victim was from Dombivli and traveled to Lucknow.
- When
- The rape occurred in 2011, and the judgment was reported on September 8.
- Why
- The court found that sexual intercourse with a girl under 18 constitutes rape and said the accused had acted with pre-planned ill intention.
Court’s findings
Charge-specific outcome
Sexual relationship and age
Court’s findings
The court found that the accused had planned to have a physical relationship with the victim and held that sex with a girl under 18 is rape, regardless of consent.
Charge-specific outcome
The accused could not avoid prosecution by relying on the marital exception in IPC Section 375, because the victim was below the legally relevant age.
Kidnapping and movement
Court’s findings
The court noted that purchasing a ticket in another name indicated pre-planned ill intention and convicted the accused for rape.
Charge-specific outcome
The court acquitted him of kidnapping because the victim had voluntarily accompanied him from Dombivli to Lucknow.
Key facts
- Sentence
- 10 years’ rigorous imprisonment
- Victim’s age
- 15 years at the time of the offence
- Year of offence
- 2011
- Court
- Special fast-track court at Kalyan, Thane
- Kidnapping charge
- The accused was acquitted because the victim voluntarily accompanied him
- Legal finding
- A minor’s conversion and sexual participation could not be treated as voluntary
- Compensation
- The case was recommended to the District Legal Services Authority for victim compensation
Quotes
Additional Sessions Judge P P Muley
Judge who presided over the fast-track court proceedings
“Therefore, participation of the victim in conversion rites cannot be said to be a voluntary act”
theprint.in
Sources
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