A special POCSO court here has acquitted a man accused of abducting and raping a minor girl in 2013, observing the prosecution failed to prove charges against him and that the victim is happily married to him.
Additional sessions and special judge A S Bhaisare, in a recent order, said the prosecution failed to prove the charges against the accused under IPC sections 363 (kidnapping), 376 (rape) and 366 (abducting or inducing woman to compel her marriage).
The judge observed that from the cross examination of the victim, it was evident she is “married to the accused and is happy with him.”
The court also said the prosecution failed to prove charges under the Protection of Children from Sexual Offences (POCSO) Act.
The prosecution in its submission told the court that on January 17, 2013, the accused (then aged 22), a resident of Wada taluka in the neighbouring Palghar district, had allegedly kidnapped the victim, who was 17-year-old then, and raped her.
During the course of investigation by the police, both the accused and the victim were found to be living together.
Later, a charge sheet was submitted in the special court, the prosecution said.
The judge noted that the victim, after her class 10 examinations in January 2013, went to a village in Wada from where she and the accused moved to Tilsa village and got married.
“From her cross-examination, it can be gathered that the accused did not pressurise her. He had not kidnapped her and had not established sexual relations against her consent. She has a son from the accused and she is happy in the house of the accused,” the judge said.
“From the entire evidence on record, it cannot be gathered that the accused had incited her and kidnapped her for the purpose of illegal sexual intercourse or for the purpose of marriage. However, they both were in love with each other. She was studying in 10th standard and had attended the age of her discretion. She was knowing the consequences of her own act,” he observed.
“At present, according to victim, she is happy.Therefore, it cannot be said that the accused had kidnapped and raped her. Consequently, it can safely be said that the prosecution failed to prove the alleged offence against the accused,” the judge said while acquitting the man.
( Source – PTI )