30 years after consensual teenage sex, man cleared of rape charges

October 17, 2018

 

In a rape case that took 30 years to reach a conclusion, a 46-year-old man has been exonerated after a sessions court found that he had consensual sex as a 16-year-old with the then 17-year-old girl. The court found that as per IPC section 376 (rape) and in its applicability in 1988, consensual sex with a girl above 16 years was excluded from the definition of rape, reported Times of India


“ By no stretch of imagination can it be said that the accused of age 16 years enticed the girl of age 17 years from the legal custody of her parents and committed rape on her. No purpose would be served in committing the case before the juvenile board on the ground of age of the accused,” the sessions court said while allowing his discharge plea. The man who had moved to Gujarat had to come back to the city to face legal proceedings. He had been booked on charges of rape and kidnapping with an intention to compel a woman to marry or have sexual relations.

The case was registered by the girl’s father in 1988 after he found out about their relationship. The girl’s parents used to go to work and it was alleged that on January 23, 1988, when the father reached home, none of the family members were present in the house. He then began to frantically look for his daughter. It was alleged that later he got to know that the accused, who was their neighbour earlier, might have enticed her.

The father then lodged a police report against the accused. He informed the cops that on January 30, 1988, while looking for his daughter, he went to the house of the accused in Andheriand found her there.

He said that he then brought her to the police station.

The woman, however, told the cops that on January 23, 1988, at about 7pm she went with the accused. He then talked to her “sweetly” and took her to his native place in Gujarat. She said that they had consensual sex there. Referring to the woman’s statement the sessions court held that it appeared that she had consented. 

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