Thane rape case: Court acquits man, notes woman was adult when they married

The Thane court acquitted the accused after considering the prosecution and defence cases. Representational pic

A court in Maharashtra's Thane district has acquitted a 26-year-old man accused of kidnapping and raping a woman, observing that evidence showed she was an adult and had been in a consensual romantic relationship with him.

Special POCSO Court Judge Premal S Vithalani passed the order on August 29. A copy of the order was made available on Tuesday.

The accused and the woman were in a romantic relationship, the court noted while examining the evidence presented in the case.

Prosecution alleged kidnapping and rape

According to the prosecution, the accused allegedly kidnapped the woman on June 14, 2019, when she was claimed to be 17 years old. He allegedly took her from Thane to Uttar Pradesh and subjected her to forcible sexual assault.

The woman subsequently became pregnant and gave birth to a child in February 2021.

A case was registered against the accused under provisions of the Indian Penal Code for kidnapping and rape, along with relevant sections of the Protection of Children from Sexual Offences (POCSO) Act.

The defence challenged the prosecution's case and raised questions over the evidence presented before the court.

Court finds woman went willingly

After considering the arguments from both sides, the court observed that the evidence on record showed that the woman had willingly accompanied the accused to Uttar Pradesh.

"...the evidence on record leaves no room for doubt that there was a romantic relationship between the victim and the accused," the court said.

The court also noted that the woman's parents had opposed her relationship with the accused and were looking for a groom for her. Despite this, she left on her own and went with the accused to Uttar Pradesh.

Marriage took place after she became adult

The court further observed that the material on record indicated that the woman's marriage with the accused took place after she attained majority.

"Looking at the material on record, there is no room for doubt that after the victim attained the age of majority, her marriage with the accused was performed and thereafter they began physical relations," the court added.

Based on the evidence and circumstances presented during the trial, the court acquitted the accused of the charges.

The ruling followed the court's assessment of the prosecution's evidence, the defence arguments and the circumstances surrounding the relationship between the accused and the woman.

(With inputs from PTI)