Man acquitted in 1988 case of abduction and rape
Mumbai, Oct 15: Thirty years after he was charged with raping a girl, a Mumbai court has acquitted a 46-year-old man, observing that at the time of the incident, consensual sex with a girl above 16 was not a crime.
The man was 16 years-old at that time when the case was registered against him at the Airport police station in suburban Andheri in 1988.
He was accused of "enticing" a 17-year-old girl from the custody of her parents by promising to marry her and raped her.
The accused told the court that he had a love affair with the girl.
Principal sessions judge P V Ganediwala acquitted the accused (his name not disclosed) of all charges last week, observing that the relationship was consensual.
"From the testimony of the victim, it appears that she consented for the sexual intercourse. At the relevant time, she was above 16 years of age. As per Section 376 of the Indian Penal Code, in its applicability in the year 1988, consensual sexual intercourse with a girl above 16 years of age was excluded from the definition of rape," the judge said.
"The age of accused was also 16 years. By no stretch of imagination it can be said that he enticed the girl of age 17 years from the legal custody of her parents and committed rape," the judge said.
Under the current law, the age of consent for sexual intercourse is 18, a city-based lawyer said.
According to the prosecution, the alleged incident took place in January 1988. The girl's parents had filed a police complaint against the accused, a neighbour, when she did not return home and was later found at his house.
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Have no personal involvement in Cong’s action against some minority leaders: Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Friday said he has no personal involvement in action taken against certain Congress leaders from the minority community following allegations of an internal conspiracy during the recently held Davanagere South bypolls.
He clarified that the decisions were taken by the party high command based on available reports.
Asserting that party discipline is of utmost importance, Shivakumar, who is also the Karnataka Pradesh Congress Committee (KPCC) president, sought to downplay concerns that action against minority leaders may send the message that “Muslims are being targeted.”
“I don’t have any personal involvement in this. Whatever decisions are taken are made by the party leadership. The party has its own reports. Decisions regarding MLAs or MLCs cannot be taken at the state level without instructions from Delhi,” he said.
Speaking to reporters, he added, “People may blame me; I am not concerned. Everyone must function in accordance with party discipline.”
Responding to concerns within sections of the party that recent actions may convey the impression that minority leaders are being targeted, he said the Congress exists for the welfare of Scheduled Castes, Scheduled Tribes, minorities, backward classes, farmers, and all sections of society.
The Congress has suspended MLC K Abdul Jabbar from primary membership and relieved another MLC, Naseer Ahmed, from the post of Chief Minister’s political secretary.
The action followed allegations by a group of Muslim leaders that certain party members conspired to defeat the official candidate in Davanagere South.
Following the action, speculation has emerged that Housing Minister B Z Zameer Ahmed Khan may also face disciplinary measures during the next cabinet reshuffle.
The three leaders had reportedly sought a Muslim candidate for the Davanagere South bypoll ticket, which the party instead allotted to the late MLA Shamanur Shivashankarappa’s grandson, Samarth Mallikarjun.
They were also said to have not actively participated in the campaign.
Shivakumar also rejected claims of factionalism within the ruling party amid speculation that leaders close to Chief Minister Siddaramaiah were being targeted.
Naseer Ahmed and Zameer Ahmed Khan are considered close to the CM.
Rejecting allegations of factionalism within the party, Shivakumar said, “We speak to each other every day. It is the media that creates divisions. Where is my faction? Has anyone put up a board saying they belong to the Siddaramaiah faction? Have I put up any such board?”
“All 139 legislators are my people, and they are all Siddaramaiah’s people as well. Everyone belongs to the Congress,” he added, saying there are no factions within the party and that such claims are media-driven.
Public Works Department (PWD) Minister Satish Jarkiholi met Shivakumar on Friday, a day after expressing concerns that disciplinary action against minority leaders may send the wrong message.
Shivakumar said he discussed with Jarkiholi the need to decongest Bengaluru traffic by diverting vehicles entering the city from state and national highways, along with party-related issues.
“We also discussed political matters in the interest of the party and the need to work together,” he said.
Later, speaking to reporters, Jarkiholi said he discussed with Shivakumar the issue of withdrawing Jabbar’s suspension. He said he will also visit New Delhi next week to meet the high command and discuss state developments.
“Jabbar’s suspension was discussed (with Shivakumar). It should be withdrawn. Let’s issue him a notice and allow him to reply. Then let’s send the report to the high command and seek their approval. High command approval is necessary because the instructions came from there. It may take some time,” he said.
Stating that he met the KPCC chief for “damage control,” the minister said, “We have tried to convince him. Sometimes certain decisions happen that need rectification.”
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