Thane, Sep 10 A court in Maharashtra's Thane district has acquitted a 26-year-old man accused of kidnapping and raping a girl, observing that their relationship was consensual and that she was an adult, not a minor.
The accused and the victim were in a romantic relationship, Special POCSO Court Judge Premal S Vithalani (POCSO Act) noted in the order passed on August 29, a copy of which was made available on Tuesday.
The prosecution alleged that on June 14, 2019, the man kidnapped the victim, a resident of Thane and claimed to be aged 17, took her to Uttar Pradesh and subjected her to forcible sexual assault. The girl later became pregnant and gave birth to a child in February 2021.
A case was registered against the accused on charges of kidnapping and rape under the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act.
The defence counsel punched holes in the prosecution's case.
After hearing both sides, the court said the evidence clearly shows that the victim willingly went with the accused to Uttar Pradesh.
"...the evidence on record leaves no room for doubt that there was a romantic relationship between the victim and the accused," it said.
The victim's parents were against the relationship and were searching for a groom for her, the court noted, adding that she on her own went with the accused to UP.
Looking at the material on record, there is no room for doubt that after the victim attained the age of majority, her marriage with the accused was performed and thereafter they began physical relations, the court added.
