‘We are happily married’: Maharashtra court acquits man accused of kidnapping and sexually assaulting teen — Know why

A court in Maharashtra’s Thane district has acquitted a 31-year-old man, who was accused of kidnapping and sexually assaulting a teenager, after she said they are now married and she has no complaints against him.

In his order of January 1, a copy of which was made available on Saturday, Special Judge D S Deshmukh held that the prosecution had failed to prove the charges against the accused.

The man was first booked for kidnapping after he allegedly took a neighbour’s teenage daughter to various places in January 2019.

On their return, he was arrested and charges under the Protection of Children from Sexual Offences (POCSO) and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act were added to the FIR.

However, during the trial, the teenager told the court that he never used force on her and that whatever happened between them was consensual. She also claimed that she was 18 at that time and aware of the implications of her actions.

The complainant, now a woman, told the court that she has since married the accused and they have a son. She said they are living peacefully.

“The admissions given by the victim clearly show that she voluntarily fled with the accused. The foundational facts required for invoking the presumptions under the POCSO Act are not proved. Therefore, the offences levelled against the accused are not established,” observed the judge in the acquittal order.