Excelsior Correspondent
JAMMU, Apr 24: The High Court of Jammu & Kashmir and Ladakh has set aside the conviction of a man in a rape case, observing that the matter appeared to be a consensual relationship that was later given a criminal colour due to familial opposition.
Justice Sanjay Dhar, while allowing the appeal, quashed the judgment of the Fast Track Court, Kulgam, which had convicted the accused under Section 376 RPC and sentenced him to eight years’ imprisonment.
The case originated from a 2018 FIR lodged at Police Station Yaripora alleging kidnapping and sexual assault. However, during trial and appellate scrutiny, it emerged that the prosecutrix had accompanied the accused out of her own free will and had developed physical relations with him consensually.
A crucial aspect of the case was the age of the prosecutrix. The High Court held that the prosecution failed to conclusively prove that she was below 18 years at the time of the incident. The High Court found that the school certificate relied upon by the trial court lacked evidentiary value, as the basis of the recorded date of birth was not established, and even family members could not confirm her exact age.
The High Court observed that in the absence of reliable proof of minority, the offence of statutory rape could not be sustained, particularly when the prosecutrix herself admitted that the relationship was voluntary.
Noting that the facts pointed towards a love affair between two young persons, the High Court remarked that such relationships are often turned into criminal cases due to social and familial pressures.
The High Court also referred to recent judicial observations cautioning against misuse of stringent laws in cases involving consensual relationships among adolescents, emphasizing the need for courts to carefully assess context and evidence.
Setting aside the conviction and sentence, the High Court ordered the immediate release of the appellant, if not required in any other case, thereby bringing an end to the criminal proceedings.
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