Man accused of raping 17-yr-old lady acquitted as she admits to consensual relation

The sufferer, who was 17 years previous on the time of the incident, was mature sufficient to know the character and penalties of the act she indulged in, particular decide D S Deshmukh stated within the order on June 2, a replica of which was made obtainable on Thursday.

The case was registered towards Aakash Sachin Sathe in 2019 beneath sections 376 , 376 , 323 and 504 of the Indian Penal Code in addition to provisions of the Protection of Children from Sexual Offences Act.

The prosecution alleged the person engaged in sexual acts with the sufferer, each residents of Thane in Maharashtra, between March and June 2019 beneath the pretext of marriage and later refused to marry her.

After listening to the case, decide Deshmukh noticed that the “admissions given by the victim in cross-examination clearly show that she and the accused had consensual sex and now she has no grievance against him. Such admissions given by her are fatal to the case of the prosecution.”

The court docket additionally thought of the sufferer’s assertion beneath part 164 of the CrPC whereby she stated she lodged the criticism on the say of the accused’s aunt as a result of she wished to marry the person, however now not wished to proceed with the case.

“Therefore, considering her age at the time of incident and considering the admissions given by her, there appears a love affair between both of them and at that time, the victim was almost 17 years old and was mature enough to understand what is right and wrong,” the court docket stated.

“In such circumstances, there is no reason to hold the accused guilty of the commission of offence,” it added.

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