Excelsior Correspondent
JAMMU, Jan 6: Principal Sessions Judge Poonch, Jaffer Hussain Beigh today acquitted one Mohd Taj alias Mukthiar Hussain, who was facing trial in rape case, as it was established that prosecutrix was a consenting party.
After hearing both the sides, Principal Sessions Judge Poonch observed, “in the instant case the prosecutrix was a major woman. She had sufficient intelligence to understand the significance and moral quality of the act she was consenting to. That is why she did not resist the overtures of the accused, and in fact participated to the act of the accused”.
“She thus freely exercised a choice between resistance and assent. She must have known the consequence of the act. She could have avoided having sex with the accused if she would have raised alarm in order to get the attention of those sleeping in the adjoining room. All these circumstances lead to the conclusion that she freely, voluntarily and consciously consented to have sexual intercourse with the accused, and her consent was not in consequence of any misconception of fact”, the court said.
With these observations, court dismissed the challan and acquitted the accused.
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