The Bombay High Court recently rejected an appeal by a man sentenced to a 10-year-jail term for raping a 13-year-old girl who was his neighbour, in January 2015. The appellant and the victim allegedly had a relationship and he had sexual intercourse with her while she was a minor.
Another accused came to know about it and allegedly threatened the minor, forcing her to have a sexual relationship with him. Once the girl got pregnant and delivered a baby boy, the newborn’s DNA samples matched with those of the second accused.
The court held that “though the DNA report showed that the second accused was the biological father of the child and had committed a serious offence, the same does not mean the appellant had not established physical relations with the victim in the past before she attained majority”.
A single-judge bench of Justice Sarang V Kotwal passed a verdict on a plea filed by the man who was convicted in April 2017 by the Nashik Sessions court along with the co-accused for raping the minor and was sentenced to 10 years of imprisonment.
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According to the prosecution, the victim was about 13 when the incidents began. When she got pregnant, her mother filed an FIR against the accused. On the merit of the girl’s evidence, the sessions judge convicted the appellant. However, the latter challenged the verdict in the HC.
Advocate Sushan Mhatre, appointed by the court to represent the appellant, submitted that the survivor’s deposition showed it was a consensual relationship and the prosecution had failed to prove that she was under 18 years of age and therefore, no offence was made out.
Justice Kotwal said, “On the date of the incidents, the victim was a minor…therefore, it is immaterial whether the appellant had established a forcible sexual intercourse or it was with her consent. The offence is made out.”
Source: https://indianexpress.com/article/cities/mumbai/bombay-hc-rejects-appeal-by-man-convicted-for-raping-minor-8151760/
