MUMBAI: A special protection of children from sexual offence (Pocso) court acquitted a 32-year-old man arrested on the charges of kidnapping and raping a 17-year-old girl under pretext of marriage after police failed to prove the girl was a minor. The victim herself stated that she went with the accused and got married in a temple and started staying with the accused as his wife.
Special Pocso judge Priti Kumar while acquitting the accused directed him to furnish a personal bond of Rs 15,000 and asked the prosecution to destroy the muddemal (items recovered from the accused) once the appeal period is over.
On May 26, 2020 the complainant's daughter left home and did not return. The father lodged an FIR dated about kidnapping by an unknown person. On June 10, the family members of the victim found her along with the accused.
In the statement, the accused claimed innocence. He stated that the girl was above 18 years old. Therefore there was no forced sexual relationship. He had already disclosed to her that he was married but she insisted on staying with him and she was never forced. The girl deposed under the pressure of father who is an alcoholic and also beat the girl and mother. The victim deposed her date of birth as August 21, 2003 .
“Though the victim had left school three years ago, the school leaving certificate was available but not produced in court. The parents of the girl did not depose the date of birth. The complainant deposed that his daughter must be 17 years, shows he is not sure. The evidence does not establish that the victim was surely below 18 years. Applicability of Pocso Act is doubtful.” the court observed.
