Man acquitted in rape case; court cites inconclusive age proof, says relationship was consensual
Thane (PTI): A Thane court has acquitted a man accused of raping a girl alleged to be a minor, citing insufficient evidence to establish her age and observing that the relationship appeared to be “more or less consensual in nature.”
The prosecution failed to prove the allegations against the 22-year-old man beyond a reasonable doubt, special judge for POCSO Act cases, Ruby U Malvankar observed in the judgment on November 13.
The accused and the victim resided in the Bhayander area of Maharashtra's Thane district. The man was arrested on May 19, 2020, following an FIR lodged on a complaint by the victim's mother, alleging harassment, abusive calls, and threats by the accused.
He was charged under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, and released on bail on August 20, 2020.
The victim later in her statement claimed they had fallen in love and were in a "deep relationship".
The court noted the critical importance of age in POCSO Act cases.
"As per Section 2(d), POCSO Act, a 'child' is a person below the age of 18 years. Hence, it is the primary onus on the prosecution to prove that the victim is a child," it said.
The victim's birth date was stated as June 24, 2003, and her mother claimed to have submitted a photocopy of the birth certificate.
The court, however, said, "Throughout the trial, the original birth certificate reflecting the date of birth of the victim was not produced on record. Resultantly, therefore, there is no evidence on record to conclusively arrive at any legitimate inference in respect of her precise date of birth."
"Therefore, in the absence of any such evidence, the prosecution has failed to prove that the victim was a 'child' below 18 years of age at the relevant time when the incident allegedly took place."
The judge also highlighted several admissions by the victim.
"...her relations with the accused were mostly voluntary, consensual, and of her own free will. She also admitted that if her mother would not have approached the police station, the victim herself would have never gone to the police," the court said.
"...she wanted to marry the accused, and she wanted to have their love affair end in their marriage, and for that purpose, even the relatives from both sides had met each other," it noted.
The relationship between the accused and the victim was "more or less consensual in nature," the court observed.
" The elements of the offences do not get established against the accused and hence, the answers to all the points are required to be recorded in the negative, and the accused deserves to be acquitted," it said.
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IPL final shifted for bigger stadium, not ticket issue: Shivakumar
Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Wednesday rubbished allegations that the IPL final venue was shifted from Bengaluru to Ahmedabad due to the distribution of tickets to MLAs.
Speaking to reporters, Shivakumar said the reason for the shift could be the availability of a larger stadium in Ahmedabad.
“Ahmedabad has a large stadium and can accommodate more spectators. That must be the reason the IPL final was shifted there. There is no connection between ticket distribution to MLAs and the venue change,” he said.
When asked about reports linking the venue shift to MLAs demanding tickets, he quipped, “In some places, 50 per cent of tickets are reserved.”
When reporters said the BCCI had indicated that the decision was linked to ticket issues, he responded, “Let them make such statements. I will respond appropriately.”
Bengaluru was originally expected to host the final as the Royal Challengers Bengaluru were the defending champions.
Ahmedabad will host the IPL final for a second successive season on May 31, the BCCI announced earlier in the day, while allotting Qualifier 1 to Dharamsala and two other playoff games to New Chandigarh.
The board, however, said the final venue was shifted “owing to certain requirements from the local association and authorities that were beyond the scope of BCCI’s established guidelines and protocols.”
Shivakumar declined to comment on the revocation of the suspension of Muslim leaders in Davanagere, saying it was a party decision.
Regarding the removal of MLC Naseer Ahmed as CM Siddaramaiah’s political secretary, he said the chief minister had already spoken on the matter.
“The CM has his own information. Party office-bearers have provided guidance. He was given certain responsibilities, which he did not handle properly, which is why he was removed,” Shivakumar said.
On MLC Abdul Jabbar, who resigned as the state Congress minority cell chief and was later expelled from the party, he said Jabbar had submitted his resignation, which the party accepted.
The Congress in Karnataka faced internal dissent in April when several Muslim leaders objected to the party fielding Samarth Shamanur as its candidate for the recently held Davanagere South Assembly bypoll.
They demanded that a Muslim candidate be fielded, citing the constituency’s substantial Muslim population. The party subsequently took disciplinary action against three leaders, including Jabbar and MLC Ahmed.
When asked about his and the CM’s visit to Delhi, he said, “We will go when the high command calls us. It is not appropriate to go without being called.”
On Congress supporting TVK in Tamil Nadu, Shivakumar said the decision was taken to keep the "BJP out of power and strengthen secular forces." Elections to the 234 Assembly constituencies were held on April 23, and the results were announced on May 4.
The Congress party, a long-time ally of the DMK, announced its support for TVK to form a government in Tamil Nadu and severed ties with the Dravidian major.
The incumbent DMK was trounced by the fledgling Tamilaga Vettri Kazhagam, led by Vijay, who secured 108 seats. “Despite pressure from the AIADMK and BJP, TVK did not align with them. Our party has taken this decision in the interest of secular forces and the welfare of Tamil Nadu,” Shivakumar said.
