Daijiworld Media Network - Thane

Thane, Apr 25: A special court in Maharashtra's Thane district acquitted 28-year-old Samsher Rais Khan, accused of raping a minor girl with a marriage promise, ruling the prosecution failed to prove her underage status and their relationship was consensual.

Special judge S P Agarwal cleared Khan of charges under IPC section 376(2)(n) for repeated rape and POCSO Act provisions. The duo lived in the same neighbourhood and were in an affair, prosecution said. In November 2019, Khan allegedly lured her to an empty house and raped her after promising marriage. The assault surfaced in January via medical exam showing over eight weeks pregnancy.

The court highlighted evidence gaps on the victim's age. Her mother's birth certificate had "over-writing in the birth year," while an ossification test estimated her age at 16-17 years. Inconsistent statements on her school grade fueled doubts. "The possibility arises that she was major at the time," the court noted.

During cross-examination, the victim admitted liking Khan and meeting him willingly. "It appears she and the accused were in love and sexual relations were consensual," the order stated.