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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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
