Maha: Man acquitted by special POCSO court of kidnapping, raping teen girl

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A special court in Thane in Maharashtra has acquitted a man accused of kidnapping and raping a 15-year-old girl in 2016.

The man was charged with provisions of the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act for allegedly kidnapping the girl from Kalwa here and taking her to his native Varanasi in Uttar Pradesh and raping and impregnating her.

In his order dated December 24, the details of which were made available on Wednesday, Special Judge (POCSO Act) MB Patwari noted "the statement of victim that she got married with the applicant after attending majority and that they indulged in physical intimacy thereafter is not countered by any cogent evidence."

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The judge also said the victim's statement is supported by her mother.

"Needless to say the choice of a major woman to marry and indulge in physical relations with her partner or to have children cannot be subjected to criminal prosecution," the order further said.

The prosecution could not bring on record evidence to show commission of alleged offences, and. therefore, the accused is entitled for acquittal, the judge said.

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