A Mumbai resident who had a sexual relationship with a minor girl has been acquitted of the rape charge by a special court under the Protection of Children from Sexual Offence Act. Mumbai Mirror reported the court ruled that the minor was in a relationship with the accused and willingly had intercourse with him, and even wanted to marry him. Legal experts have said the case is an example of poor investigation by the Mumbai Police, and say investigators should have established that the accused might have lured the girl away from home with the intention of having sexual intercourse with her.
The minor was 15-years-old when she went missing from her home in October 2013. A case of kidnapping was registered after she was spotted with the accused, Chetan Gaikwad. When they were found later, police conducted a medical examination and registered cases of sexual assault under the POCSO Act.
Last week, Judge SKS Razvi in his ruling, said from the evidence provided, it was clear that the two were in love and that the girl left home willingly without informing her parents. She did not depose against the accused in the case either. Evidence also showed that she wanted to marry the accused. The judge added that there was no question of punishing the accused when the girl herself did not wish to testify against him.
Lawyers have said that the case might affect future such cases, and that if the court had not rely on her testimony on consensual sex, the accused would have been acquitted. Sujoy Kantawala, a lawyer, told Mumbai Mirror that police often do not properly investigate such cases, making it easier for those accused to be acquitted. Kantawala also suggested the state government move higher courts against the ruling so that it doesn’t set a precedent.
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