The Protection of Children from Sexual Offences (POCSO) Act court acquitted a man charged under the Act saying the incident was a love affair where the age of the victim was not proved, and she voluntarily eloped and married him
Md. Mukim Jakir Ansari (26), a labourer working at Regional Transport Office, Tardeo, was facing trial under Sections 363 (punishment for kidnapping), 496 (marriage ceremony fraudulently gone through without lawful marriage), 376 (punishment for rape) of the Indian Penal Code and Section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act.
The case
The FIR was lodged by the victim’s sister, who alleged that in 2016, the 16-year-old girl met and befriended Mr. Ansari at Churchgate Railway Station. On March 29, 2016, at 11.30 p.m., Mr. Ansari called the victim’s house and told the sister that he loved the girl and wanted to marry her. He said if the family did not give him permission, he would elope with her. The sister lied to him that the girl was already engaged and said not to come meet their parents. Mr. Ansari agreed, but at 4 a.m. the next day, the girl left her home in a transit camp at Cuffe Parade to go to the toilet and did not return.
The family looked for her and realised that Mr. Ansari was not in his house either. After a few hours, Mr. Ansari allegedly called them and warned them not to file a police complaint.
After two months, the victim returned and said she had gone to Mr Ansari’s home town and they got married and had phyisical relations. The minor was examined and found to be pregnant. The parents had the foetus aborted.
No evidence of age
The court said there was no proof that the girl was a minor. Judge Surekha Patil said, “…the victim was having an affair with Mr. Ansari and she belongs to higher caste and the man is from lower caste, therefore the father was against the affair.” The court said the girl voluntarily left the house and forced Mr. Ansari to elope, and was now living a living a happy married life. It said the sister did not want to proceed further, and acquitted Mr. Ansari for want of evidence.
