topStoriesenglish2541761

'It was consesual sex': Teen girl STANDs firm with lover in court who faces RAPE charge, BUT...

Jodhpur, Nov 29 (PTI) The Rajasthan High Court has quashed the FIR registered against a man for allegedly raping and impregnating a minor, saying that the girl and the accused were lovers and she had consented to the physical relationship.

'It was consesual sex': Teen girl STANDs firm with lover in court who faces RAPE charge, BUT...

Jodhpur, Nov 29 (PTI) The Rajasthan High Court has quashed the FIR registered against a man for allegedly raping and impregnating a minor, saying that the girl and the accused were lovers and she had consented to the physical relationship.

The single-judge bench of Justice Dinesh Mehta said that the mistake or blunder which otherwise constitutes an offence has been committed due to "immature act and uncontrolled emotions" of two persons, out of whom, one is still a minor.

Justice Mehta observed that the girl has been consistent in her stand that she consented to the physical relationship and the parents of both have forgiven them, and intend to marry them off when she attains marriageable age.

In its judgement passed on November 13, the court commented that both being immature, apparently driven by momentary emotions, have fallen prey to lust, surpassing social, moral and legal limits. "But if the prosecution continued, the petitioner is sure to face conviction, as the girl is a minor," the court said.

The FIR in the matter was registered against the petitioner after the girl was taken to the hospital on complaint of stomach pain and was diagnosed as pregnant by the doctors. She later delivered a baby boy.

Jodhpur police had filed a case following recording of statements of the girl under Section 376 (rape) of IPC and relevant sections of the POCSO Act.

The petitioner then moved the high court praying for quashing of the FIR against him stating that the parents of the girl and the girl herself have reached a compromise with him and his parents will solemnize the marriage of the girl with him as soon as she attains the age of majority.

Petitioner's counsel Gajendra Panwar submitted in the court that neither the girl nor her parents have any grievance or grudge against the petitioner while admitting the act of relation between them as consensual.

Pointing out that neither party wants the petitioner to be punished, Panwar argued that continuation of the prosecution in the light of the facts of the case will serve no just purpose.

The statements of the parents of the petitioner and the girl were recorded in the court.

Parents of the girl said in the court that due to the society's pressure and stigma, they are not even in a position to keep their grandson with themselves and that innocent two-month-old boy is housed in a nursery, only because of the pendency of the impugned FIR.

Observing that the conviction will result in 10 years of incarceration which would bring more agony and misery to the girl and her newly born son, Justice Mehta ordered to quash the FIR against the petitioner.

(The above article is sourced from news agency PTI. Zeenews.com has made no editorial changes to the article. News agency PTI is solely responsible for the contents of the article)

Live Tv

Trending news