Delhi High Court Acquits Man After 18 Years in Rape, Kidnapping Case

Kathmandu. The Delhi High Court has acquitted a man convicted of rape and kidnapping after 18 years. Justice Bimal Kumar Yadav's single bench acquitted Ram Chander (Chhotu) giving him the 'benefit of doubt' based on lack of evidence and contradictions in the statement of the alleged victim. Justice Yadav began his judgment with the famous saying of William Shakespeare, 'What's in a name?' and the 15th-century poet Kabir Das's line, 'Don't ask the caste of a Sadhu, ask for knowledge.' He mentioned that a person's character cannot be measured by their name (Ram Chander) and that every individual should be evaluated by their deeds (actions). The court overturned the lower court's verdict, ordered the forfeiture of the accused's bail bond, and acquitted him of all charges. Although the lower court considered the victim a minor, the 'ossification test' report showed her age to be between 14 and 16.4 years. The court explained that adding a 2-year 'margin of error' as per legal standards would make the girl's age 18.4 years, i.e., an adult. According to the court's decision, the girl had traveled with the accused on public transport and had also gone to the crowded Kalkaji temple on the day of Navratri. At that time, she did not ask for help or try to escape. 'If she was taken against her will, why didn't she create a commotion in a public place?' the verdict stated, 'This indicates that she went of her own free will.' During the appeal, the woman appeared in court and stated that she had gone with the accused of her own volition and did not want any action against him. She admitted that she had previously given a statement against the accused under pressure from her parents. The court also pointed out tampering in the forensic report and errors in the evidence collection process. In April 2006, a complaint was filed at the Okhla Industrial Area police station stating that a 13-year-old girl had gone missing. Later, the girl and the accused Ram Chander were found in the Madangir area. The lower court, on August 29, 2008, convicted Ram Chander for kidnapping (Section 363) and rape (Section 376) and sentenced him to 7 years in prison and a fine. Ram Chander appealed against this verdict in the High Court in the same year.