Excelsior Correspondent
JAMMU, May 28: Principal Sessions Judge Poonch, Jaffer Hussain Beigh acquitted Asger Kabir, son of Haji Kabir Din of Haveli Poonch, who was facing trial in rape case on the ground that sex with a woman above 18 years of age with her consent does not amount to rape.
The case arises out of the statement of the complainant recorded by ASI Gurdev Singh on January 16, 2009 at Poonch Hospital that she was married to Mohd Khalil more than one and half years ago at Surankote. Her husband was a private practitioner at Jammu by profession, so she resided with him at Jammu as well as at Poonch for 2/3 months but she was thrown out by her husband by giving her mental torture following which she came back to her parental house.
In the meanwhile, accused Asger Kabir started visiting her parental house, enticed her for marriage and thereafter committed rape with her.
On the basis of this complaint, police registered a case and after completion of investigation challan was presented in the court of law.
Principal Sessions Judge Poonch Jaffer Hussain Beigh observed, “the prosecutrix was of the age of more than 22 years at the relevant time is not disputed in the instant case. On these facts, a view is reasonably possible that the prosecutrix invited the accused and had sex with him with her own consent and was not a case of forcible act on part of the accused”.
“No offence under Section 376 RPC has been committed by the accused because sex with a woman above 18 years of age with her consent does not amount to rape”, the court said.
With these observations, Court acquitted the accused of the charges leveled against him.
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