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| Court acquits accused facing trial in rape case | | | Jammu, May 28 : Principal Sessions Judge Poonch Jaffer Hussain Beigh acquitted rape accused on the ground that sex with a woman above 18 years of age with her consent does not amount to rape.
Principal Sessions Judge Poonch Jaffer Hussain Beigh Asger Kabir s/o Haji Kabir Din r/o Bandi Chechian Tehsil Haveli District Poonch, as sex with a woman above 18 years of age with her consent does not amount to rape.
After hearing both sides, Principal Sessions Judge Poonch Jaffer Hussain Beigh observed that the prosecutrix was of the age of more than 22 years at the relevant time is not disputed in the instant case.
On these facts a view is reasonably possible that the prosecutrix had sex with accused with her own consent and was not a case of forcible act on part of the accused and hence there was no offence u/s 376 RPC committed by the accused because having sex with a lady of major age even at the house of the lady with her own consent and the sex with a woman above 18 years of age with her consent does not amount to rape. With these observations Court acquitted the accused from the charges leveled against him.
According to police case statement of the complainant recorded by ASI Gurdev Singh on 16/1/2009 at Hospital Poonch that the complainant was married to Mohd khalil who was a private practitioner at Jammu by profession, so she resided with him at Jammu as well as at Poonch for 2/3 months but she was thrown out by her husband by giving her mental torture and she came back to her parental house where after the accused Asger Kabir, resident of her village started visiting her parental house and enticed her for marriage and committed rape due to which she was pregnant for the last 6/7 months. On this police registered a case and after completion of investigation challan was presented.(JNF) |
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