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Thane: A court in Maharashtra's Thane district has acquitted a 26-year-old man in a case of kidnapping and raping a teenage girl in 2018, observing that the physical relations between the accused and the victim appear to be consensual.
Special Judge (POCSO Act cases) Ruby U Malvankar, in the order on September 21, said victim was not a child at the relevant time and therefore, offences under the Protection of Children from Sexual Offences Act do not attract, it said.
The prosecution has failed to prove the charges against the accused, who needs to be given the benefit of doubt, said the order, a copy of the order was made available on Saturday.
The prosecution told the court that on April 11, 2018, the victim, then aged 17, went missing from a place where she was working as a domestic help in Thane district.
A police complaint was later filed by her father.
The victim was traced to a slum colony at Uttan in Bhayander area of the district. Based on her statement, the police then registered an FIR against the accused under legal provisions for kidnapping, rape, giving threats and provisions of the POCSO Act.
The counsel for the accused contested the case.
The court noted the victim claimed she was taken to the house of a relative of the accused and raped multiple times. However, her testimony revealed a consensual relationship and a desire to marry the accused, it said.
The medical evidence on record shows there were sexual relations between the victim and the accused, the court said.
"However, the physical relations between them in such circumstances cannot be said to be forcible or against her wishes. In fact, at the relevant time, the victim was very much a consenting party to such relations," it said.
During cross-examination, the investigation officer admitted that during his probe, it was not revealed that the accused forcibly kidnapped the victim, the court said, adding the IO also does not appear to have recorded the statement of some of the important witnesses for the whole episode.
One of the prosecution's witness is the mother of the victim whose evidence is more in the nature of hearsay and cannot be given extra weightage than required, it said.
"The prosecution has failed to prove beyond reasonable doubt that the accused in any manner committed kidnapping of the victim. Even the victim does not appear to have offered any resistance as she was in love with the accused. The physical relations subsequently taken place between the victim and the accused also appear to be consensual," the court said.
"The victim was not a child at the relevant time and therefore, offences under the POCSO Act do not attract, it said.
Hence, the accused is required to be given the benefit of doubt and be acquitted, the judge said.