Mumbai: The Bombay high court has reduced the 10-year rigorous imprisonment (RI) sentence of a person convicted for the rape of a 14-year-old to a seven-year term on the ground that the sexual intercourse was consensual and not forced as the girl was fully aware of the act and did not raise a hue and cry when the incident took place.
The court held that though it was consensual sex, the man has to undergo punishment as having intercourse with a 14-year-old as per law amounts to rape. Incidentally, the man has already completed almost seven years of imprisonment and is expected to be released soon in light of this order.
A bench of justice A.M. Badar was hearing an appeal filed by the convict against three sentences passed by the additional sessions court in 2013. The sessions court had sentenced him to undergo RI for various periods, which included ten years’ RI for raping a minor, six months’ RI for threatening her and one year’s RI for cheating.
Advocate Umesh Mohite appearing for the convict informed the court that as per the statements of the prosecutrix she was in a love affair with the convict and as she had indulged in sexual intercourse with the man after he promised to marry her, there was no grounds for rape. Mr Mohite also informed the court that as the complaints against his client were lodged belatedly, 16 days from the last time the duo shared intimate moments, the intentions behind the complaint were questionable. He also informed the court that the prosecutrix had made a similar complaint against a doctor in 2014.
After hearing the submissions, the court held that while there was no case of threatening and cheating, the cases were quashed. However as the convict had intercourse with a 14-year-girl he was liable to undergo punishment. The court held that as the convict had already been behind bars since 2012, the ten-year sentence was reduced to seven years and disposed the appeal.
