Thane man acquitted in kidnap & rape case; court cites victim’s consent

A Thane court has acquitted a 27-year-old man in a kidnapping and rape case, noting that the victim was an adult and had accompanied him voluntarily.

As the victim was a major, she was competent to make her own decisions, Special POCSO Court Judge Ruby U Malvankar said in the order on April 24, a copy of which was made available on Monday.

An FIR was registered on January 25, 2020, against Shashikapur Shyamlal Gupta, a resident of Kalwa in Maharashtra’s Thane city, on a complaint by the victim’s father, alleging that his 16-year-old daughter was kidnapped from their home in the same area.

The police subsequently traced the girl and the accused to Azamgarh, Uttar Pradesh, where the couple claimed they had married in a temple before moving to Surat in Gujarat. The man faced charges under sections 363 (kidnapping), 376 (rape), and 506 (criminal intimidation) of the Indian Penal Code, and provisions of the Protection of Children from Sexual Offences (POCSO) Act.

During the trial, the prosecution examined the victim, her father and another witness.

The court observed that the father of the victim himself contradicted the minor status claim during his deposition.

“It appears that at the relevant time, the victim was major, aged 18 to 19 years, and was therefore capable of making her own decisions,” the judge noted.

Further, the victim in her testimony stated that she had left home of her own accord and had given her consent. Emphasising the voluntary nature of the relationship and the absence of evidence proving the victim’s minor status, the court ruled that the sexual intercourse did not constitute an offence under the POCSO Act or the IPC.

“Considering the evidence on record, specifically the absence of any evidence pertaining to the age of the victim, the testimonies of the witnesses examined by the prosecution reveal that the victim suo motu and voluntarily joined the company of the accused. As she was a major, she was competent to make her own decisions,” the court observed.