Court acquits accused of rape and POCSO charges, citing victim’s cheerful demeanor in wedding photos
Chandigarh (The Uttam Hindu): The Chandigarh District Court has delivered a significant verdict in a sensitive rape and kidnapping case, acquitting the accused youth of all charges. The court of Additional District and Sessions Judge Dr. Yashika stated in its verdict that the woman appeared "very happy" in the wedding and reception photographs, which indicated her consent. Furthermore, the prosecution failed to prove that the woman was a minor at the time of the incident. Given the lack of evidence and the possibility that the woman was an adult, the court acquitted the accused.
This case dates back to May 14, 2023, when the girl's father filed a police complaint alleging that his 15-year-old daughter had been abducted by a young man on the pretext of marriage. The police registered a case against the accused under sections 363, 376(2)(n) of the Indian Penal Code, and serious sections of the POCSO Act. However, during the trial, the police and public prosecutors failed to produce any concrete documents related to the girl's age, such as school records or a birth certificate. The medical examination (ossification test) showed the girl's age to be 15-16 years. Following Supreme Court directives, a two-year margin of error was added to the medical age, establishing her age as over 18, establishing her as an adult.
In the verdict, the judge specifically mentioned the wedding and reception photographs, stating that the photos clearly reflected the girl's happiness, which did not indicate any coercion. The court reasoned that the accused and the girl's homes were only 5-6 houses away. If the girl had not agreed, she could have easily returned to her home or shouted for help, but she did not. This makes it clear that if any relationship existed between them, it was completely consensual.
During the hearing, the court also found significant contradictions between the statements of the young woman and her father, casting doubt on the prosecution's narrative. The court sternly stated that unless the prosecution could prove with concrete documentation that the victim was a minor, the POCSO Act could not be applied to consensual sex. Based on these arguments and the lack of evidence, the court acquitted the accused.