Accused Of Rape At The Age Of 16 For Consensual Sex, 46-Yr-Old Man Finally Absolved Of Charges

The Logical Indian Crew Maharashtra

October 15th, 2018 / 6:41 PM

30 Year Old Rape Case

Image Credits: Max pixel

A 46-year-old man has been acquitted in a 30-year-old rape case. A session court in Mumbai held that he, as a 16-year-old had consensual sex with the then 17-year-old girl. The court stated that in 1988 when the incident happened, consensual sex with a girl over the age of 16 was not defined as rape under IPC Section 376 (rape). But now as per section 375 of Indian Penal Code which was amended in 2013 age of consent is 18. 

The incident

As reported by The Times of India, both the parents of the girl were working. However, on January 23, 1988, after the father of the girl got home, he saw nobody at home after which he started looking for his daughter. Reportedly, he later got to know that the accused, who was their neighbour at that time, might have allured his daughter. The father then lodged a complaint against him. Reportedly, the father told the police that while on a lookout for his daughter, he found her at the teenager’s house. The teenager was then booked on the charges of rape and kidnapping with an intention to compel a woman to marry or have sexual relationships.

However, contradicting the father’s account, the girl told that she went to his house on January 23, 1988, on her own will. She even followed him to his native in Gujarat where they both had consensual sex. It was on the basis of this statement that the session court held that the couple, in fact, had consensual intercourse.

The case

The man moved to Gujarat and had to come to Mumbai regularly to attend the proceedings. The court, while absolving the charges against him, said, “By no stretch of imagination can it be said that the accused who was aged 16 years enticed the girl of age 17 years from the legal custody of her parents and committed rape on her. No purpose would be served in committing the case before the juvenile board on the ground of age of the accused.”

Read more here.

Also Read: Haryana: Supreme Court Acquits Two Rape Accused After They Spent Years In Jail


Written by : Shraddha Goled

Edited by : Bharat Nayak

Share your thoughts..

Related Stories

Live Together Consent Rape

On Refusal To Marry, Consensual Sex Between Live-In Partners Cannot Be Alleged To Be Rape, Says SC

Unnao Gang-Rape: CBI Denies Confirming Charges Against Rape-Accused BJP MLA

Finally Australia Legalizes Same-Sex Marriage

Corruption Charges Against Dr Kafeel Khan Dropped; Murder Charges Still Remain

Can A Consensual Act Of Sex In Private Be A Part Of Public Scrutiny And News Debate?

Mahmood Farooqui

Delhi HC Acquits Peepli Live Director Mahmood Farooqui Of Rape Charges, Citing A Feeble ‘No’ May Mean A ‘Yes’

Latest on The Logical Indian


Amul Sends Legal Notice To Google India For Allowing Fraudulent Websites On Its Platform

Fact Check

Fact Check: Rahul Gandhi Saying Gandhiji’s Non-Violence Comes From Islam To Hyderabad Kite Flying Ban


JNU Sedition Row: Court Pulls Up The Police, Chargesheet Remains Unaccepted


After Mid-Air Shutdowns, DGCA Restricts IndiGo And GoAir From Using A320 Neo Planes Powered By PW Engines


Uttarakhand’s Tree Man Who Planted 50 Lakh Trees Dies At 96

My Social Responsibility

Diwali Everyday: This NGO Is Lighting Up India’s Villages With Solar-Powered Lamps


Stories that deserve attention, delivered to your inbox!

Handpicked, newsworthy stories which deserve the attention of a rational generation.