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News Topical, Digital Desk : A Thane court has acquitted a man accused of raping a girl, who is said to be a minor. Citing a lack of sufficient evidence to prove the girl's age, the court said the relationship was almost consensual.
Special Judge for POCSO Act cases, Ruby U Malvankar, in her verdict on November 13, said the prosecution failed to prove the charges against the 22-year-old man beyond reasonable doubt.
What was the allegation?
The accused and the victim lived in the Bhayander area of Thane district, Maharashtra. Following a complaint filed by the victim's mother, the accused was arrested on May 19, 2020. The complaint accused the accused of harassment, abuse, and threats.
The victim had changed her statement
He was charged under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act and was released on bail on August 20, 2020. The victim later claimed in her statement that they had fallen in love and had a deep relationship.
The court noted the crucial importance of age in POCSO Act cases. It stated, "As per Section 2(d) of the POCSO Act, a 'child' is a person below the age of 18 years. Therefore, the primary burden is on the prosecution to prove that the victim is a child."
What did the court say?
The victim's date of birth was stated to be June 24, 2003, and her mother claimed to have submitted a photocopy of the birth certificate. However, the court said, "Throughout the trial, the original birth certificate showing the victim's date of birth was not produced on record. Consequently, there is no evidence on record to reach any valid conclusion regarding her exact date of birth."
"Therefore, in the absence of any such evidence, the prosecution has failed to prove that the victim was a 'child' below the age of 18 years at the time when the alleged incident took place," the court said. The judge also highlighted several confessions made by the victim.
The court said, "...her relationship with the accused was mostly voluntary, consensual and of her own free will. He also admitted that if her mother had not gone to the police station, the victim herself would never have approached the police."
The court further said, "She wanted to marry the accused and she wanted their love affair to turn into marriage and for this the relatives of both the parties also met each other."
The court said, "The ingredients of the offence are not proved against the accused, hence, answers on all the points must be recorded in the negative and the accused is entitled to be acquitted."
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