Recently, the Bombay High Court held that minor injuries or medical signs of sexual activity by themselves are insufficient to prove the absence of consent in cases of alleged rape. The court further observed that when the prosecution fails to conclusively prove that the victim was a minor and the evidence shows material inconsistencies in her version, the benefit of the doubt must go to the accused. The high court bench of Justice Nivedita P. Mehta observed while hearing an appeal filed by Roshan Ruprao Bandre who challenged his conviction and ten-year sentence under Section 376 of the Indian Penal Code imposed by the Additional Sessions Judge. The prosecution alleged that the appellant had kidnapped and raped a 17-year-old girl who had previously been his tenant. The court also noted that the possibility of a consensual relationship between the appellant and the victim cannot be ruled out. In the end, the Bombay HC set aside the conviction and acquitted the appellant. POCSO FIR Cannot Be Quashed Just Because Accused Married Victim and Child Is Born: Bombay High Court.

Bombay High Court Sets Aside Conviction and Acquits the Appellant

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