STATE TIMES NEWS
JAMMU: Principal Sessions Judge Poonch Jaffer Hussain Beigh acquitted one Mohd Taj alias Mukthiar Hussain son of Wali Mohammad resident of Arai Tehsil Mandi, District Poonch who was facing trial in a rape case with observation that sex with consent does not amount to rape.
The case arises out of a report lodged by the complainant on 31st July 2011 at 11:00 AM with the police against the accused Mohd Taj with averments therein that her husband is a Government employee at Jammu University. She had gone to Dhoke Chikhhri for 12/15 days. She further said that since there was no door of the Dhara (summer shed) of the Dhoke. She further said that the accused entered into the Dhara, and committed rape upon her.
Due to fear her nephew Khalil Ahmed who was sleeping on another cot, nearby, she went out of the Dhara, returned along with her brother Mohd Abass and caught the accused on the spot.
On this report FIR No.67 of 2011 for commission of offence under Section 376 RPC stood registered in police station Mandi and after completion of investigation Challan was presented.
Principal Sessions Judge Poonch Jaffer Hussain Beigh, after hearing the arguments, observed that in this case since the prosecutrix was a major she had sufficient intelligence to understand the significance and moral quality of the act she was consenting to. That is why she did not resist the overtures of the accused, and in fact participated in the said act of the accused. She thus freely exercised a choice between resistance and assent, the court observed.
On these facts a view is reasonably possible that the prosecutrix had sex with the accused with her consent and hence there was no offence under section 376 RPC committed upon the prosecutrix because sex with a woman above 16 years of age with her consent is not rape. With these observations Court dismissed the challan and acquitted the accused. JNF
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