Friendship with the opposite sex does not mean she is available for sexual intercourse - Mumbai Court

Friendship cannot be misinterpreted for love, and having a friendship with the opposite sex does not mean that she is available for sexual relations. A Mumbai court observed this while sentencing an 18-year-old boy for the rape of a 13-year-old girl. 

A day prior to the unfortunate event, the 13-year-old was told by the accused that he loved her. The same was informed to the mother by the victim. The next day, the accused entered her house, when she was alone and raped her. He also threatened to kill her if she revealed the incident to anyone. On the very same day, the victim's mother filed an FIR.

The accused denied the allegations and stated that he and the victim were in love. The accused also argued that they had photographs together from Holi, where the accused was shirtless, and the victim was standing next to him. 

Special Judge Priti Kumar noted that it was clear that the victim was not willing to have sexual relations, which is why she informed her mother. Moreover, it could also be seen from the promptness on the victim's part to reach the police. The Court also stated that even during the cross-examination, the victim's credence was not shaken and was firm that the accused raped her. 

The Court, while responding to the statements of the accused that there existed a relationship between them, stated that friendship was common, but the accused exceeded his limit by forcing himself sexually on the victim. Moreover, she's is a minor,  her consent would be irrelevant under the law.

The Court, therefore, sentenced the accused to 8 years of rigorous imprisonment for the offense of rape under IPC and under POCSO.

Author: Papiha Ghoshal