Bhopal (Madhya Pradesh): District and sessions court, Bhopal, acquitted a man in a rape case of a ‘minor’ under Protection of Children from Sexual Offences (POCSO) Act, after fixing the victim age on ‘margin of error principle’.
ADJ Padma Jathav passed the order acquitting Sravan Valmiki, 23, a resident of Ayodhya Nagar, on Thursday. The victim who had married Valmiki was present in the court along with her child when the judge acquitted her husband of the rape charge.
A case of rape of a minor was registered against Valmiki under 363, 366, 376, 376(2N) of IPC and 5L/6 under POCSO Act.
According to court order, the victim’s mother had approached Ayodhya Nagar police, Bhopal, on March 26, 2020 and registered a missing complaint of her daughter. Police had traced the girl on November 27, 2020, however, she claimed that she had married the man and they had a child. Police had booked Valmiki under POCSO Act and other sections as the complainant claimed that her daughter was below 18 years.
Victim’s father had turned hostile in cross examination. The girl had told the court she and her beau got married in a court on January 4, 2020.
Advocate RK Shukla, who also appeared on behalf of the accused, said, “In the absence of relevant documents, a medical opinion was sought form a duly constituted Medical Board to fix victim age. Ultimately the court fixed the age of the victim 18 years on the date the FIR was lodged on March 26, 2020. ”
Advocate Renu Gupta, who appeared on behalf of the accused, said, “District medical board, in absence of documents, had suggested the victim's age to be between 17-19 years. Citation Sweta Gulati Vs State (Delhi) 21, suggests the margin of error principle of two years on either side could put the age anywhere between 15 to 21 years. Similarly, Nanda Vs State of MP, margin of error is 6 months to fix age of victim. Bhopal court, on the basis of margin of error principle and medical board report, fixed the 18 years age of the victim on date of FIR was lodged on March 26,2020.
