A youth, who was accused of raping and sodomising his 14-year-old neighbour, has been sentenced to seven years rigorous imprisonment by a Delhi court which said unnatural sex with a woman is an offence even if it is with her consent.
Additional Sessions Judge Virender Bhat held 20-year-old Vipin Yadav, a south west Delhi resident who had taken the girl to Jaipur after giving her sedative-laced sweets, guilty of offences of rape, kidnapping, unnatural sex, illegal confinement and criminal intimidation under the IPC.
“Carnal intercourse with a woman is an offence under section 377 (unnatural sex) of the IPC notwithstanding that the woman may have consented to the same,” the judge said, while rejecting the youth’s contention that the girl had consented for physical relations with him.
“It is also pertinent to note here that the consent of the girl to the sexual intercourse with the accused (youth) is also immaterial as she was less than 16 years of age at the time of the incident,” the judge said.
It also imposed a fine of Rs 45,000 on him and directed that, if realised, the amount be paid to the victim.
According to the prosecution, on April 12, 2014, the girl had left for school early morning and did not return home, after which her mother lodged a missing complaint with the police.
It said that the youth, who was her neighbour, had taken the girl to Jaipur in a bus on the pretext of taking her to Surajkund fair.
He held her captive for about a month and repeatedly raped and sodomised her and threatened to kill her if she disclosed it to anyone, it said.
Almost a month later, the girl managed to escape from his clutches after she found the room unlocked. She borrowed a phone from a shopkeeper and called up her mother and was rescued by her on May 9, 2012.