Man sentenced to 7 years in jail for abduction, rape of minor 11 years ago in Ghaziabad

Ghaziabad: A man was sentenced to seven years in jail on Saturday and fined Rs 20,000 in an 11-year-old case of abduction, inducement for marriage, and rape of a minor.

The Special Pocso Court of Lal Babu Yadav mentioned that since the crime commenced before the amendment to the Pocso Act, the convict was sentenced to the maximum quantum available under penal provisions during that period.

On Feb 11, 2014, a minor girl was kidnapped from near the Satmola factory in Sahibabad. Her father later registered a case of abduction and forceful marriage at the Karkar Model police station against the accused, who also worked in the same factory.

Police launched a manhunt, and the girl was rescued and the accused arrested from Sahibabad railway station on Feb 22, 2014. The girl was sent for a medical test and her statement was recorded under CrPC section 164. A case was then registered under sections 363, 366, and 376 of IPC along with section 3/4 of the Pocso Act, 2012.

The accused plead not guilty on all charges, claiming the girl had insisted on their marriage and that he never forced her into any sexual act.

Special public prosecutor (Pocso) Satish Sharma argued that the girl was a minor and was allured for marriage. "She was taken away from the custody of her legal guardian against her will with intent of outraging her modesty," he said.

After hearing both sides, the court pronounced the accused guilty under section 363 of IPC for abduction, sentencing him to three years in jail with a fine of Rs 2000. He was also pronounced guilty under section 366 of IPC for alluring a minor for marriage and seducing her under section 366 of IPC. In addition, the court noted that while dealing with Pocso cases, the maximum quantum of sentence prescribed under IPC and the Pocso Act should be awarded.

"During the time of the commission of the crime, the provision for an increased sentence of up to 20 years under the Pocso Act was not introduced, and hence the maximum quantum under section 376 of IPC and section 4 of the Pocso Act was seven years, so the convict is being sentenced to seven years along with a fine of Rs 15000," the judgment read. All sentences will run concurrently, and the amount of fine charged is to be handed over to the girl, who is now an adult, for her rehabilitation. The court also clarified that the period of time already spent in jail in connection with the ongoing case would be adjusted in the total quantum of the sentence.