The Delhi High Court has reduced to the period already undergone the sentence of Vakul Kapoor, who was convicted under Sections 363, 366 and 376 of the Indian Penal Code (IPC) in connection with a 2009 case involving a 14-year-old girl.
Justice Vimal Kumar Yadav took note of the circumstances surrounding the incident, the appellant's age at the time, the prolonged criminal proceedings and the fact that he had already spent nearly two years and four months in custody. The Court also left the fine imposed by the trial court unchanged.
Background of the Case
The girl, aged about 14 in 2009, went missing from her home on June 15, 2009. According to the judgment, she travelled with Kapoor first to Connaught Place and then to Manali. Both returned to Delhi on June 17.
Kapoor's case was that she had accompanied him voluntarily. The girl's initial version before medical authorities on June 17 was broadly consistent with his stand. A statement recorded by police in the presence of her mother on the same day was also not against him. She later took a different position in her statement recorded under Section 164 of the Code of Criminal Procedure and subsequently before the trial court.
Kapoor was convicted in 2011 under Sections 363, 366 and 376 IPC. In the appeal before the High Court, his counsel ultimately challenged only the sentence, not the conviction.
Court's Observations
The High Court noted that both Kapoor and the girl had tattooed each other's names on their bodies. The Court also considered the fact that they had travelled together to Manali and that the girl had not raised an alarm during the journey.
The judgment recorded,
"It seems, some sort of soul searching was there, where the truth sits naked. In her heart of hearts, deep down somewhere, she must also be looking for answers and explanation for the tattoos and travel to Manali, etc."
Justice Yadav observed that the two had shared an intimate relationship, but the girl's age prevented such a relationship from receiving legal recognition. The Court also noted that the appellant was 18 and the girl was 14 at the time of the incident.
The Court further took into account that more than 17 years had passed, Kapoor had no criminal antecedents, and both parties were settled in their respective married lives.
Decision
Considering the circumstances as a whole, the High Court held that sending Kapoor back to custody at this stage would be "nothing short of a travesty of justice."
It therefore accepted the plea for a reduced sentence and treated the period of imprisonment already undergone as sufficient punishment.
The fine imposed by the trial court was left unaltered, and the appeal was disposed of accordingly.
Case Details
- Case Title: Vakul Kapoor v. State
- Case Number: CRL.A. 676/2011
- Judge: Justice Vimal Kumar Yadav
- Decision Date: September 7, 2026
