2 years in jail, Mumbai court acquits man booked for rape after girl admits ‘they had consensual sex’

Mumbai city news: When the girl was taken for a medical examination, she admitted to the doctor that had been in love with the accused since last two years.
(Picture for representation)
(Picture for representation)
Updated on Jun 01, 2017 01:04 PM IST
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Hindustan Times | By, Mumbai

After spending two years in jail, a man booked for raping a minor girl was acquitted by the court, observing that two had consensual sex. The girl had admitted during the investigation that she was in love with him, and accused him of raping her after she was caught by her parents.

It was alleged that the girl, a resident of Bhandup, was raped by a 23-year-old man, who was her friend. The rape case was registered after the man was caught at the girl’s house in absence of her family members.

As per the records, on April 29, 2014 the girl’s family had gone to the hospital for treatment of her mother, a patient of Thyroid. When parents returned, they noticed the girl was very scared, and when they questioned her, she pointed towards curtains and said a man tried to rape her. On checking, the parents found the accused hiding behind the curtains. The accused was later taken to police station and case of rape was registered against him under the Protection of Children from Sexual Offences (POCSO) Act.

The girl later also alleged that accused had raped her twice on April 23, 2014 and April 24, 2014, when she was alone in the house. The girl also said that on both the occasions, she resisted and shouted, but he shut her mouth and threatened her that he would kill her if she reveals anything to anyone. She also alleged that the accused had slapped and assaulted her.

When the girl was taken for a medical examination, she admitted to the doctor that had been in love with the accused since last two years.

In her statement before the magistrate court, the girl made no mention of rape by the accused. In fact, the court observed that her statement before the magistrate court was different from her testimony recorded before the court.

The man, in his defence, claimed that two were in love and it was the girl who had called him over to her house when she was alone.

He claimed that on the day of incident, when they found boy in the house, the family tried to sort out the issue and asked the accused to stay away from the girl. However, as he did not agree, the family registered a case against him.

Referring to the medical report the court observed that, “No fresh injury mark was noticed on the private parts of the victim. If the accused had raped her and the victim continuously retaliated the act, its very strange that no fresh injury marks were found on her private parts.”

“In the medical report history, the victim stated that she was in a relationship with the accused. After close scrutiny of the testimony, it was revealed that she is was in a relationship with the accused and it was consensual act,” reads the judgement.

While acquitting the accused, the court observed “from evidence and conduct of the victim, it observed that the victim voluntarily kept physical relations with the accused.”

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  • ABOUT THE AUTHOR

    Charul Shah is senior reporter covering the legal beat for Hindustan Times. She has spent over a decade in the industry covering criminal investigations and judiciary from Mumbai, Ahmedabad and Bengaluru.

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