The accused refuted the allegation saying he picked up the child out of concern as she was alone.
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A 22-year-old man has been sentenced to 6 months of rigorous imprisonment after he tried to kidnap a 5-year-old girl from near her residence when her father was parking his bike.
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Finding her alone he picked her up for '2-3 minutes' but was soon apprehended by her father, reports Times of India.
The accused refuted the allegation saying he picked up the child out of concern as she was alone. The court refused to take cognisance of his statement after finding out through the child’s deposition that he did not ask her any questions before trying to walk away with her.
However, the court refrained from awarding the maximum sentence to the accused stating that he did not come to the location with intentions of kidnapping but tried to do so finding her alone at 11 pm.
The court also noted that no untoward incident occurred and that the accused is the only bread-winner of his family.
“Considering these aspects and his family background that he is the only breadearner of his family…it is just and proper to impose upon him six months’ rigorous imprisonment with fine of Rs 1,000,” the court said.
The accused was not charged under the POCSO act. ““Carrying the victim girl, holding her hand, in such circumstances cannot be said to have been done only with a sexual intention or to outrage her modesty.
The prosecution has failed to prove that the accused had touched her either intending to outrage her modesty or with sexual intention,” the court said.
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