The Delhi High Court suspended the sentence of an accused of raping a minor on the ground that The girl had accompanied the accused of her own free will While running away with the accused, the girl had told herself as an adult. According to the case, a man was booked under section 376(2)(n) of the Indian Penal Code and the Protection of Children from Sexual Offenses Act.After hearing the case, the trial court convicted the accused and sentenced him to 12 years rigorous imprisonment.The court also imposed a fine of ₹10,000 on the accused. The appellant challenged the conviction of the lower court by filing an appeal in the High Court. A Single Judge Bench of Justice Jasmeet Singh while hearing the appeal noted that the girl was 17 years and 4 months old when she eloped with the appellant.Both also have a child who is with the victim.The victim has categorically stated in her 164 statement before the Magistrate that she had accompanied the appellant of her own free will.and she loves him.The victim had also prayed for the release of the appellant on bail. During cross-examination, the victim had stated that she had told her wrong age to the appellant while running away.he called himself an adult. The judge said that the above facts lead me to suspend the sentence of the appellant.Saying so, the court ordered the release of the appellant on bail and also suspended the sentence of the appellant during the pendency of the appeal.The court said that upholding or quashing the lower court's decision would require a detailed hearing, which would take time.While releasing on bail, the court has ordered the appellant that he will not interfere in the life of the girl and her child without her consent.Along with this, Court directs Delhi Legal Services Authority to pay compensation of ₹400000 to the girl immediately.
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delhi high court
high court suspended the sentence of an accused of raping a minor girl
POCSO Act