Mumbai youth’s jail term cut as minor admits they were in love

MUMBAI: The prison term of a youth from Bhandup, convicted of raping a minor girl, was reduced from 10 years to seven by the Bombay high court. Justice Anant Badar held the youth guilty of rape, but cited the 14-year-old survivor’s statement that she was in love with the accused, Rafiq Shaikh, and the act was consensual.
“The case of the girl projected from the FIR shows that she was in love with the accused. The record shows that the accused was also a young person of 22 years. He was not proved to have threatened the girl in any manner or applied force on her for indulging in sexual relations with her,” said Justice Badar. “Such relations were undoubtedly consensual in nature but punishable because the girl at the relevant time was more than 14 years of age but less than 16 years.”

The legal age of consent in India was 16 till it was raised in 2013 by the government to 18. The court also considered the specific circumstances in the case while reducing the punishment. “The accused was 22 years of age when the incidents took place and there is nothing on record to show that he is a habitual offender or criminal... I am of the considered opinion that imposition of sentence of seven years of rigorous imprisonment with some fine will meet the interest of justice,” said the judge, while imposing a fine of Rs 1,000.

According to the complaint, Shaikh befriended the girl who used to stay in the neighbourhood in September 2012 and subsequently had forcible sexual intercourse with her on the promise of marriage. He continued to have sexual relations with her. A complaint was lodged in October 2012 after he refused to marry her. In her evidence, the girl said said she and the accused were in love and he had promised to marry her. A sessions court in 2013 held Shaikh guilty of rape, cheating and criminal intimidation and sentenced him to 10 years.

Advocate Umesh Mohite, counsel for the accused, contended that the prosecution case was improbable and not believable. The advocate questioned the delay in lodging the FIR. The HC said that mere delay in lodging an FIR was not fatal to the case. The court said the girl was a minor and a case of rape was made out against the accused.