Court’s rules were related to consent, under POCSO Act, the prosecution failed to prove that the girl was a ‘child’.
The Bombay High Court recently acquitted a man on charges of kidnapping and raping a minor and said, “The evidence shows that the physical relationship between them was consensual.”
The case dates back to 2015 when the minor was living with her parents in Pune’s Lohagaon and was studying in class 9. On April 8, 2015, the minor was at her aunt’s house and accused Mahadev Khodave came and said that the girl’s mother had asked her to pick her up.
They went on his motorcycle to Dadar, Mumbai and then to Pandharpur. There he rented a room and allegedly had a forcible relationship with her. After three days, he dropped her to Pune. He then called up his brother and an FIR was registered against the man.
On September 21, 2019, the Special Protection of Children from Sexual Offenses (POCSO) slapped Khodave under sections 363 (kidnapping), 366 (kidnapping, abducting or abetting woman to compel her to marry, etc.), 376 (rape. Punishment for) POCSO’s penal code, and section 4 (punishment for penetrative sexual assault).
He then challenged his conviction and filed an appeal before a single bench of Justice Anuja Prabhudesai.
The counsel appearing for Khodave said that the prosecution failed to prove that the victim was a minor. He also said that the girl’s brother had said that she was 27 years old at the time of the incident and the girl was five years younger to him i.e. 22 years old.
The prosecution relied on the school leaving certificate issued by Sant Tukaram Vidyalaya, Lohegaon, to prove that the girl was 14 years old.
The girl’s uncle also indicated that the victim got married about two to three months after the incident, and the court said, “This rejects the contention that the minor was 14 years of age on the date of the incident. Therefore, in my view, the prosecution has failed to prove beyond the doubt that the girl was a ‘child’ under the POCSO Act.”
The court relied on photographs of the time when the couple were together and said, “The photographs not only falsely prove the argument that the survivor was under pressure or intimidated but also show that the girl was very comfortable and in the company of Mahadev. Was happy.”
The court allowed the appeal and quashed the conviction saying, “Therefore the evidence on record shows that the physical relations between the accused and the survivor were consensual. Thus the prosecution has failed to establish the allegation of kidnapping/kidnapping and rape.”