The case revolves around a legal dispute where the victim and the accused are in a complex relationship. The victim, who is married to the accused and has two children with him, has become the focus of attention in this legal battle. This situation was highlighted by Special POCSO Court Judge D S Deshmukh in an order dated July 9.
Details of the Case
The court noted a lack of support for the prosecution’s case from both the victim and her father. The accused, a 25-year-old man from Jharkhand, faced allegations of kidnapping and raping a girl from Bhayander in Maharashtra’s Thane district in 2020.
The father of the girl filed a missing person’s report with the Bhayander police, revealing that his 15-year-old daughter had disappeared on January 2, 2020. Subsequently, the man was charged with rape and kidnapping under the Indian Penal Code and the POCSO Act.
Contradictory Statements
During the trial, contradictions emerged between the initial police report and the testimonies of the victim and her father. The court classified the victim as a “child” under the POCSO Act based on her birth date and an age estimation report from J J Hospital in Mumbai.
The prosecution witness, the girl’s father, admitted that the victim willingly eloped with the accused as they were in love. He confirmed that the two were married, had children, and were leading a content life.
Consensual Relationship
The victim herself acknowledged being in a consensual relationship with the accused. She shared that their love affair led to marriage and the birth of their children. She even mentioned that her mother opposed their relationship, leading to the events of January 2, 2020.
The court concluded that the victim’s testimony supported the accused rather than the prosecution. Therefore, the testimonies did not hold weight in proving the guilt of the accused under the POCSO Act.
Based on the evidence presented and the victim’s age at the time of the incident, the court ruled that the accused cannot be held accountable. The foundational facts required by the POCSO Act were not established.
In summary, the case raises questions about the legal implications of marriage and age under the POCSO Act, given the conflicting accounts presented by the involved parties.
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