Additional Sessions Judge M C Gupta, handed down the jail term to the youth and his friend and rejected their contention of delay in lodging the FIR, saying, "delay in lodging FIR is a normal phenomenon in cases like rape", as the victim is hesitant to report the matter.
"Delay in lodging of FIR is a normal phenomenon especially in cases like rape or outraging the modesty of a woman, the aggrieved/injured person or her relations will naturally think twice before giving a complaint to the police.
While relying on the victim's statement, the court said, "On analysing the entire testimony of victim, it transpires that she has described the scenario implicating the accused to be the author of the crime committed upon her... It is cogent, reliable, convincing..."
It also noted that her statement corroborated the findings of her medical report which proved that she was raped and beaten.
The police found the girl with the two accused at a railway station here and a case was registered under various sections of the IPC including rape (section 376), it said.
The girl, in her statment before the police, said, that she voluntarily eloped with the youth to marry him.
She alleged that her husband used to send her to his friend's place where she was kept under confinement and repeatedly raped and beaten.
During the trial, the youth and his friend denied the allegations and said there was a delay in lodging of FIR by her father which shows his malafide intention to falsely implicate him.
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