Dismisses charges by minor; says she was an adult by Muslim law

Stating that “the victim is a Muslim and as per the Muslim law she attained the age of puberty [adulthood] at the age of 14,” a Delhi court acquitted a man of the charge of sexually assaulting her in 2013.

The victim was 17-and-a-half-year-old when she was assaulted.

There were two complaints in the case lodged by the victim’s father against accused Raja alias Chandu. On the first complaint, the victim went against the father.

Married the accused

She along with the accused approached the Amar Vihar police station in north-west Delhi and told the investigating officer that she had married the accused of her own accord. She also showed photographs to the officer to this effect.

The police then called the victim’s father to the police station who identified both of them. Thereafter, the girl was sent home.

After four months, the police received a second complaint from the DCP office where the victim alleged that the accused had sexually assaulted her.

The accused in his statement said that he had been falsely implicated in the case at the instance of the parents of the victim because of their different religions and that no such incident ever took place.

“Though she was a minor, she had attained the age of discretion. It cannot be ignored that the victim is a Muslim and as per the Muslim law she attained the age of puberty at the age of 14 years, and got married after attaining the age of puberty,” Additional Sessions Judge Amit Kumar said while dismissing the case.

Unreliable witness

The judge also declared the victim an unreliable witness.

“Further, the victim in her statement given under Section 164 CrPC as well as during her counselling before the Crime Against Women Cell never made any allegations regarding kidnapping, sexual, assault and alleged unconsciousness. She made these allegations after more than four months in April, 2014 and there seems to be considerable improvement which makes her an unreliable witness,” the judge said.

No medical evidence

“There is no medical evidence to corroborate her unreliable testimony that she was sexually assaulted. Otherwise also, a marriage of a minor is not void ab initio but is voidable at the instance of the victim. The victim never took any steps to declare her marriage void,” the judge further said acquitting the accused.