Thane, November 17: Recently, a court in Maharashtra's Thane district acquitted a 22-year-old man who was accused of raping a girl, alleged to be a minor. The court cited insufficient evidence to establish the victim's age and observed that the relationship between the two appeared to be "more or less consensual in nature". The order was passed by Ruby U Malvankar, special judge for POCSO Act cases, who, in her judgment on November 13, said that the prosecution failed to prove the allegations against the accused beyond a reasonable doubt.

Details of the Case

According to a report in PTI, the accused and the victim lived in Thane's Bhayander area. On May 19, 2020, the accused was arrested after an FIR was lodged by the victim's mother, who alleged harassment, abusive calls, and threats by the accused. Acting on the woman's complaint, the accused was arrested and charged under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences Act. However, he was later released on bail on August 20, 2020. Thane Shocker: Man Rapes 10-Year-Old Girl, Slits Her Throat Before Throwing Body From 6th Floor at Samrat Nagar in Mumbra; Held.

Two Were in 'Deep Relationship', Claims Victim

The victim in her statement claimed that the two had fallen in love and were in a "deep relationship". "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," the court said. It is reported that the minor girl's birth date was stated as June 24, 2003. It is also learned that the victim's mother even claimed to have submitted a photocopy of her daughter's birth certificate.

However, the court observed that the original birth certificate reflecting the date of birth of the victim was not produced on record throughout the trial. "Resultantly, there is no evidence on record to conclusively arrive at any legitimate inference in respect of her precise date of birth," the Thane court added. The court further said that the prosecution failed to prove that the victim was a "child" below 18 years of age at the relevant time when the incident allegedly took place. Thane Shocker: Man Invites Friend for Outing to Vajreshwari, Rapes Her in Lodge; Later Blackmails With Video.

Victim's Relations With the Accused Were Mostly Voluntary, Consensual

Before acquitting the accused, the special judge went on to highlight several admissions made 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 added. Eventually, the court acquitted the accused in connection with the rape case.

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Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

(The above story first appeared on LatestLY on Nov 17, 2025 08:42 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).