PANAJI: In a case in which a woman – allegedly raped when she was 17 – said that she is ready to marry the accused and that his family would accept her, a local court said that her consent is “immaterial” since she was a minor at the time of the incident.
The court directed the man to respond to a charge of rape and sexual assault under the Prevention of Children from Sexual Offences Act, 2012.
The fast track POCSO court’s presiding officer, Durga Madkaikar, said, “The record shows that the DNA report is yet to be received. There is enough material on record to frame a charge against the accused under Sections 363 and 376 of the IPC and Sections 4 and 8 of the POCSO Act”.
The court was told that the man developed a friendship with the survivor when she was a minor, kidnapped her from her parents, took her on his motorcycle, and raped her, as a result of which she became pregnant.
However, public prosecutor A Bhobe stated that there is enough material on record to frame charges against the accused, as the survivor, in her statement, clearly stated that the accused took her and sexually assaulted her. The medical report shows that she was pregnant, he said.
The mother of the survivor, who filed the complaint, said that when she found her daughter wasn’t home one evening in February, she realised she was at her native place. When the mother called her back, she said she would never return. The mom later took police help to get her home. She was later admitted to Apna Ghar at the mother’s request.
A month later, when the mother visited Apna Ghar, she found out that her daughter was over 6 weeks pregnant, after which the survivor narrated the entire incident to her. The doctor stated that she was admitted for medical termination of pregnancy.
The court directed the man to respond to a charge of rape and sexual assault under the Prevention of Children from Sexual Offences Act, 2012.
The fast track POCSO court’s presiding officer, Durga Madkaikar, said, “The record shows that the DNA report is yet to be received. There is enough material on record to frame a charge against the accused under Sections 363 and 376 of the IPC and Sections 4 and 8 of the POCSO Act”.
The court was told that the man developed a friendship with the survivor when she was a minor, kidnapped her from her parents, took her on his motorcycle, and raped her, as a result of which she became pregnant.
However, public prosecutor A Bhobe stated that there is enough material on record to frame charges against the accused, as the survivor, in her statement, clearly stated that the accused took her and sexually assaulted her. The medical report shows that she was pregnant, he said.
The mother of the survivor, who filed the complaint, said that when she found her daughter wasn’t home one evening in February, she realised she was at her native place. When the mother called her back, she said she would never return. The mom later took police help to get her home. She was later admitted to Apna Ghar at the mother’s request.
A month later, when the mother visited Apna Ghar, she found out that her daughter was over 6 weeks pregnant, after which the survivor narrated the entire incident to her. The doctor stated that she was admitted for medical termination of pregnancy.