AHMEDABAD: The Gujarat prime court has acquitted a married individual from rape charges and struck down his 15-year prison term previous awarded to him by a decrease court for allegedly raping a minor.
The HC quashed the trial court’s conviction order and ordered to release Rajkot’s Narendrapari Goswami because the prime court believed that it was a love affair between him and the lady and therefore there was no part of pressure involved. The HC additionally did not believe the sexual family members with the lady as statutory rape for the reason that prosecution may no longer turn out that she was a minor by supplying only a college leaving certificate without analyzing any witness in support of the certificate.
Goswami, was booked under Protection of Children from Sexual Offences (POCSO) Act in addition to for rape. He was sentenced to 15-year imprisonment in 2017 by a different court in Rajkot. His conviction happened after his ex-girlfriend lodged an FIR against him in 2013.
After hearing the enchantment, the HC stated that the lady was residing with Goswami for 5 months. Even after she came to grasp that Goswami was married and had two kids, she maintained family members with him. “It is clear that there was love affair between the sufferer and Goswami… the sufferer had sexual relation with the accused together with her consent. Therefore, as such, no offence is made out against the appellant,” the HC stated.
The HC refused to just accept that the sufferer was a minor at the time of incident. It stated that mere generating the varsity leaving certificate without analyzing concerned witnesses, it cannot be stated that the age discussed within the certificate is established.
“Even in a different way, the varsity leaving certificate to turn out the age of the sufferer is not of a lot evidentiary worth. The prosecution has failed to put on record the birth certificate of the sufferer,” the court stated and added that the date of birth discussed within the college sign up of secondary college certificate has no probative worth inside Section 35 of the Indian Evidence Act, if the one that gave the information to the varsity does no longer give evidence.
The HC quashed the trial court’s conviction order and ordered to release Rajkot’s Narendrapari Goswami because the prime court believed that it was a love affair between him and the lady and therefore there was no part of pressure involved. The HC additionally did not believe the sexual family members with the lady as statutory rape for the reason that prosecution may no longer turn out that she was a minor by supplying only a college leaving certificate without analyzing any witness in support of the certificate.
Goswami, was booked under Protection of Children from Sexual Offences (POCSO) Act in addition to for rape. He was sentenced to 15-year imprisonment in 2017 by a different court in Rajkot. His conviction happened after his ex-girlfriend lodged an FIR against him in 2013.
After hearing the enchantment, the HC stated that the lady was residing with Goswami for 5 months. Even after she came to grasp that Goswami was married and had two kids, she maintained family members with him. “It is clear that there was love affair between the sufferer and Goswami… the sufferer had sexual relation with the accused together with her consent. Therefore, as such, no offence is made out against the appellant,” the HC stated.
The HC refused to just accept that the sufferer was a minor at the time of incident. It stated that mere generating the varsity leaving certificate without analyzing concerned witnesses, it cannot be stated that the age discussed within the certificate is established.
“Even in a different way, the varsity leaving certificate to turn out the age of the sufferer is not of a lot evidentiary worth. The prosecution has failed to put on record the birth certificate of the sufferer,” the court stated and added that the date of birth discussed within the college sign up of secondary college certificate has no probative worth inside Section 35 of the Indian Evidence Act, if the one that gave the information to the varsity does no longer give evidence.
Gujarat HC acquits married man of rape charge
![Gujarat HC acquits married man of rape charge]()
Reviewed by Kailash
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March 18, 2019
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