A man accused of kidnapping and sexually assaulting his neighbour's teenager daughter was acquitted by a court in Maharashtra's Thane on Saturday after the girl said she is now happily married to him, adding that there are no complaints.
The man allegedly took his neighbour's teenage daughter to various places in January 2019, following which he was first booked for kidnapping, a news agency PTI report said.
He later was arrested on charges under the Protection of Children from Sexual Offences (POCSO) as well, while Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were added to the FIR.
Girl says everything was consensual
During the trial, the girl told the court that he never used force on her and that whatever happened between them was consensual, the report mentioned, adding that she also claimed to be 18 years in age at that time and aware of the implications of her actions.
The girl told the court that she has since married the accused and they have a son. She said they are living peacefully.
Also Read: Gujarat HC raps law machinery for invoking POCSO Act in molestation case 8 years after FIR
“The admissions given by the victim clearly show that she voluntarily fled with the accused. The foundational facts required for invoking the presumptions under the POCSO Act are not proved," observed the judge in the acquittal order given on January 1.
{{/usCountry}}“The admissions given by the victim clearly show that she voluntarily fled with the accused. The foundational facts required for invoking the presumptions under the POCSO Act are not proved," observed the judge in the acquittal order given on January 1.
{{/usCountry}}"Therefore, the offences levelled against the accused are not established,” the judge said.
Special Judge DS Deshmukh held that the prosecution had failed to prove the charges against the accused. Copy of the order was reportely made available on Saturday,
In an unrelated news from Thane, a couple arrested in connection with rape, torture and murder of a 12-year-old girl was on Saturday remanded in judicial custody till January 18.
Vishal Gawli allegedly abducted the girl with the help of his wife Sakshi Gawli from Chakki Naka area of Kalyan on December 23 when she was playing outside her house. He allegedly raped and killed her. The couple then took the body in an autorickshaw to Bapgaon on Kalyan-Padgha road and dumped it there, as per police.
The couple's extended two-day police remand ended on Saturday, after which they were produced in the court of District and Additional Sessions Judge VA Patravale in Kalyan.