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‘Bike ride in a crowded place, no alarm’: HC acquits rape accused in Pocso case

Chandigarh: The Punjab and Haryana high court has acquitted a boy of rape charges, observing that the alleged victim had not raised an alarm while riding as a passenger on a motorcycle with him in a crowded place, suggesting voluntary companionship.

Also, the sperm found did not match the accused’s blood group. “As the doctor in her cross-examination admitted, that the victim was used to sex-mual intercourse. In the after math, benefit of doubt is assigned to the accused, and such he is required to be , as acquitted,” said the orders of a division bench comprising Justice Sureshwar Thakur and Justice Kuldeep Tiwari.

Earlier, a Jalandhar fast track court on Aug 5, 2022, convicted the accused under the Pocso Act as the girl was a minor then, sentencing him to 20- year jail term. The case began with an FIR filed by a college student in Jan 2017 alleging that the accused forced her in to a physical relationship while promising marriage. The accused used to visit her village.

On January 10, 2017, when the alleged victim was on her way to college, he promised to marry her while claiming he has consulted his parents, according to the allegations. He took her to his house, forced her into physical relations and then dropped her outside her village, said the allegations. Later, the alleged victim disclosed the incident to her parents, after which an FIR was registered.

The accused appealed his conviction, arguing that the evidence was not properly examined. The state counsel defended the conviction, stating It was justified.

For case specific advice, get in touch with best Pocso Lawyers Punjab and Haryana High Court District Court Chandigarh Panchkula Mohali Derabassi Kharar.