Rape: Man convicted of kidnapping and raping his 17-year-old niece | Delhi News

New Delhi: A Delhi court has convicted a man of kidnapping and repeatedly raping his 17-year-old niece. Stating that the prosecution established the charge based on the impeccable statement of the survivor, Additional Sessions Judge Susheel Bala Dagar said, “The child’s statement has remained clear and consistent throughout. Thus, based on the impeccable, consistent and credible statement (of the victim), the prosecution has established the essential evidence necessary to prove the allegations against the accused. He took him to a city in Uttar Pradesh where he kept her for four months in 2017 repeatedly raped. Public prosecutor Yogita Kaushik Dahiya submitted in court that the girl was kidnapped and forced by the accused for illicit sexual intercourse under the Penal Provisions for Kidnapping and Rape and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offenses Act. Sentencing arguments will be heard later. The court, citing various rulings, found that if the survivor’s testimony was clear, convincing and trustworthy, only her single testimony proved guilt. “The victim stood her ground throughout and clearly explained how the incident of aggravated sexual assault was committed by the accused after he seduced her,” the court noted. The court further stated that the survivor had categorically said that he never consented to establish physical relations with the accused. According to the survivor’s statement, the accused fraudulently took her from Delhi by luring her and telling her that he was her husband. “It is a settled law that consent obtained through deception is not consent and in the present case it is evident that the child’s consent was obtained through fraud and she was misled into believing that he was her husband,” explained the court.

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