Mumbai court passed a releasing order for a 23-year-old man who spent two years of his life in jail following an allegation of raping a minor girl. The court observed that the duo had consensual sex and the charges which were slapped by girl were due to family pressure.
As per the FIR records, the incident occurred on April 29, 2014, when the family members of the girl had gone for her mother’s treatment who is a Thyroid patient. When the family returned they found the girl in trembling and scared, when asked her its reason, she pointed towards the curtain and told that a man tried to rape her. Parents found that a person was hiding behind the curtains.The accused was taken to police station where he was booked for raping a minor under the Protection of Children from Sexual Offences (POCSO) Act.
The girl told police that the man had raped her twice on April 23,2014 and April 24,2014, when she was alone in the house. She also told that on both the occasions, she opposed his moves and shouted for help, but accused closed her mouth and threaten her that he would kill her if she discloses anything to anyone.
The girl was then taken to hospital for a medical inspection where she confessed that she had been in love with the man since last two years.
The court referred the medical report and observed that “No fresh injury mark was noticed on the private parts of the victim. If the accused had raped her and the victim continuously retaliated the act, it’s very strange that no fresh injury marks were found on her private parts.”
The accused, in his defence, said that two were in love and it was the girl who had called him over to her house since she was alone. He also claimed that on the day of the incident, when the family found him in the house, they tried to sort out the issue and asked him to stay away from the girl. However, as he did not agree, the family registered a case against him.
“In the medical report history, the victim stated that she was in a relationship with the accused. After close scrutiny of the testimony, it was revealed that she was in a relationship with the accused and it was consensual act,” states the judgement. During the passing of the releasing order for the accused, the court observed, “from evidence and conduct of the victim, it observed that the victim voluntarily kept physical relations with the accused.”
We have observed that the number of cases like this is increasing day by day where rape charges are getting slapped on men if the couple gets involved in a small brawl or family members of girl pressurize her to file a case.
The Indian Feed applauds the Judiciary for scrutinizing the case with utmost care and delivering the Justice to the man and hopes that strict punishment is served to the families and the people who make false accusations leading to the mockery of the laws and system.
source : Hindustan times