Delhi court discharges juvenile accused of raping 15-year-old girl

New Delhi, Dec 22 A Delhi court here has discharged a minor accused of raping a 15-year-old girl in 2017, saying the prosecution failed to prove the charges against him.

Additional Sessions Judge Prayank Nayak was hearing the case against the CCL against whom a case was registered in 2017 under IPC Section 376 (rape) and Section 4 (penetrative sexual assault) of the POCSO Act.

Advocate Prashant Diwan, the juvenile’s counsel, sought his discharge, saying the evidence clearly showed that the case was registered at the instance of the parents and aunt of the girl and that physical relations were established between both minors consensually, without coercion or force.

In an order dated December 16, the court said the sole eyewitness in the case was the minor girl, who merely deposed that physical relations were established between them, “without giving any further description.”

It noted that the girl did not allege that she was sexually assaulted, nor did the forensic reports show any physical contact or intimacy between the victim and juvenile.

“Hence, there is nothing on record to show that physical relations would be tantamount to penetrative sexual assault/rape,” the court said, adding that the prosecution failed to prove the allegations of rape. It then discharged the juvenile.