A youth, accused of kidnapping and raping a minor after taking her to his native place in West Bengal, has been acquitted by a Delhi court which said the girl's statement was "not truthful and trustworthy".
Additional Sessions Judge Virender Bhat also observed that as per the statement of the girl, she would have got many opportunities to raise an alarm and seek help from co-passengers or railway police or she could have escaped from the custody of the accused while being taken to Siliguri in West Bengal but she did not.
It said that "such conduct of the prosecutrix (girl) goes on to suggest that she was accompanying accused (youth) voluntarily and without any allurement, force or threat".
"In view of the inconsistencies in the statement of the girl, I find it difficult to believe her testimony. She (girl) is not a truthful and trustworthy witness. Even otherwise also, her testimony does not inspire any confidence at all.
"She was in the train with the accused for about two days before they reached Siliguri (West Bengal). During this long period of two days, the accused may have definitely slept for considerable time and also may have visited the washroom of the train," the judge said.
The youth was arrested by the police on the complaint of 12-year-old girl's mother, who had alleged that her neighbour on February 2, 2012, had kidnapped her daughter while she was returning home from school.
The police had said that during the course of probe, the elder brother of the accused came to the Najafgarh Police Station here and handed over the girl as well as his brother.
The police booked the accused for rape after the girl had stated them that she was allured by him, taken to Siliguri and was raped by him.
