A special court in Maharashtra's Thane district has acquitted a 28-year-old man previously accused of raping a minor under the pretext of marriage. In a judgment delivered recently, the court ruled that the prosecution failed to establish the victim's age as a minor at the time of the incident and concluded that the physical relationship between the two parties was consensual.

Legal Charges and Background of the Case

The accused, Samsher Rais Khan, was facing charges under Section 376(2)(n) of the Indian Penal Code, which pertains to repeated rape, along with several provisions of the Protection of Children from S*xual Offences (POCSO) Act. Dombivli Shocker: School Trustee’s Son Sends Obscene Messages, Demands S*xual Favours From Teacher in Maharashtra’s Thane.

The case originated from an alleged incident in November 2019. According to the prosecution, Khan and the victim were neighbours involved in a romantic relationship. It was alleged that Khan lured the girl to an empty house and assaulted her after promising marriage. The matter came to the attention of authorities in January 2020, when a medical examination revealed the girl was more than eight weeks pregnant.

Discrepancies in Age Proof

A pivotal factor in the acquittal was the prosecution's inability to definitively prove the victim was under 18 during the alleged offense. Special Judge S. P. Agarwal highlighted significant gaps in the evidence, noting that a birth certificate provided by the victim's mother contained "over-writing in the birth year". The court also relied on a medical ossification test, which estimated the victim's age to be between 16 and 17 years at the time. "Considering such ossification test report and inconsistent statement of the victim and her mother, as to in which grade she was studying at the time of the incident, the possibility arises that she was major at the time of the incident," the judge observed. Tata Sierra Accident in Thane: Woman Test Driving SUV Plunges Into 20-Foot Construction Pit After Hitting Vehicles in Panchpakhadi (Watch Video).

Observations on Consent

During the trial, the victim admitted under cross-examination that she had feelings for the accused and had met him of her own volition. This testimony, combined with the lack of definitive age proof, led the court to view the case as a consensual relationship rather than a criminal assault. "It appears she and the accused were in love with each other and the s*xual relations between her and the accused were consensual..." the court stated in its final order.

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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 Apr 25, 2026 05:30 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).