Jammu and Kashmir High Court Acquits Man in Rape Case, Citing Consensual Relationship
Jammu and Kashmir and Ladakh High Court acquits man, says ‘love affair’ not rape
The Indian Express
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The Jammu and Kashmir and Ladakh High Court acquitted a man sentenced to eight years in prison for rape, ruling that the relationship was consensual. The court found that the prosecution failed to prove the survivor's age beyond reasonable doubt, emphasizing the nature of their love affair while they were schoolmates.
- 01The High Court ruled the relationship was consensual and not statutory rape.
- 02Prosecution could not prove the survivor's age beyond reasonable doubt.
- 03The case stemmed from a 2018 incident where the survivor claimed to have been in love with the accused.
- 04The court criticized the reliance on school records for establishing age.
- 05The ruling highlights the importance of consent in cases involving young individuals.
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The Jammu and Kashmir and Ladakh High Court acquitted a man previously sentenced to eight years in prison for rape, stating that the relationship was consensual. Justice Sanjay Dhar noted that the prosecution failed to establish the survivor's minority beyond a reasonable doubt, emphasizing that they were in a love affair while studying at the same school. The court observed that even if the survivor was under 18 years of age, convicting the petitioner would be unjust given the circumstances. The case originated from a 2018 report alleging that the petitioner had kidnapped the survivor, leading to accusations of sexual intercourse and subsequent pregnancy. However, the court found that the evidence presented did not convincingly prove the survivor's age, particularly criticizing the reliance on school records as conclusive proof. The ruling underscores the necessity of establishing consent and the burden of proof on the prosecution in such cases.
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This ruling may influence future cases involving consensual relationships among young individuals, particularly regarding the burden of proof in establishing age.
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