The Special POCSO Court has acquitted 32-year-old resident of Khorlim, Mapusa, of rape charges granting the accused the benefit of doubt after a trial lasting nearly eight years. It was the case of Mapusa Police that in August 2016, the accused entered into a physical relationship with the complainant starting around 2003–2004, under the pretext of a promise to marry. The prosecution alleged that after consensual encounters spanning over a decade at multiple locations, but the accused defaulted on his promise and ignored the complainant after she allegedly conceived in September 2015.
During
the trial, the court evaluated testimony from twelve prosecution
witnesses, including the victim, her sister, medical officers, and
the investigating officer. Upon reviewing the cross-examination, the
court noted that both parties had entered into a relationship around
the age of 18 while studying. The court found no evidence
demonstrating that the victim's consent to sexual intercourse was
secured solely through a false promise made with deceitful intent
from the inception of the relationship.
Additionally,
the court highlighted discrepancies regarding the alleged pregnancy.
Testimonies from the consulted medical doctor and the investigating
officer failed to confirm any clinical record or medical test
establishing that the complainant was pregnant at the time.
Citing established Supreme Court precedents, the court observed that long-term consensual relationships between adults cannot be criminalized as rape based on subsequent disagreements or inter-caste family opposition to marriage.
Concluding that the prosecution failed to establish the charge of rape beyond reasonable doubt, the court acquitted the accused.
