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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Violence reported in several parts of Kerala after civic poll results
Kozhikode (PTI): Violence erupted overnight at various places across Kerala, particularly in northern districts, following the announcement of local body election results, police said.
In Eramala in Kozhikode district, tension prevailed throughout the night after the Indira Gandhi Bhavan, a Congress office, was allegedly attacked by CPI(M) workers.
According to an FIR registered at Edachery police station, around 200 people marched towards the Congress office carrying dangerous weapons and vandalised the building, causing damage estimated at around Rs five lakh.
A statue of late prime minister Indira Gandhi was also damaged in the attack, police said. Soon after, UDF activists gathered at the spot, further aggravating the situation.
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However, with the deployment of additional police personnel, the situation was brought under control, an officer said.
Police said another violent incident was reported at Marad, where stones were allegedly pelted at a UDF victory procession, leaving several persons injured.
In Sultan Bathery in Wayanad district, police registered a case after a car carrying a UDF activist and his family members was allegedly attacked by around 40 CPI(M) workers, an official said.
Sultan Bathery police also booked UDF activists in a separate incident for allegedly attacking a CPI(M) worker who objected to the bursting of crackers near his house, the officer said.
In Panoor in Kannur district, houses of several Muslim League activists were allegedly attacked by CPI(M) workers. Vehicles parked at the houses were also damaged.
According to Panoor police, the violence broke out after a UDF victory rally was allegedly stopped by CPI(M) workers armed with swords and daggers. Some UDF leaders sustained injuries in the clash.
Clashes were also reported between UDF and LDF workers at Ulikkal in Kannur district, though police intervention brought the situation under control later in the night, an officer in the Ulikkal police station said.
In Bedakom in Kasaragod district, an LDF victory march turned violent after CPI(M) activists allegedly intercepted UDF workers passing through the area. Some policemen who intervened suffered minor injuries, an officer said.
Similar violence was reported from Neyyattinkara in Thiruvananthapuram district following clashes between CPI(M) and BJP workers. Police said workers from both sides sustained minor injuries and were admitted to hospitals. Cases will be registered after formal complaints are received, police said.
