Having a friend of opposite sex does not mean that she is available for satisfying his sexual desire
Tejashree Anant Salvi
Introduction
In this article will focus on the observations that friendship cannot be misunderstood for love and having a friend of the opposite sex doesn't mean she's ready to satisfy her sexual desire, a Mumbai court recently observed as it convicted an 18-year-old boy for raping a 13-year-old responding to the accused's argument, Priti Kumar displayed a photograph of he stood with the victim on a vacation day to assert that he and the victim were in love. In the case of Maharashtra vs. this kind of friendliness is common, but the accused went too far by sexually assaulting the victim. The accused is an 18-year-old boy. He realizes that a friend is not available for sex because he is an adult. Friendship cannot be misunderstood to raping a woman, and having a friend of the opposite sex does not imply that she is available to satisfy his sexual desire, the Court added.
POCSO court observing
In the days leading up to the rape, the accused told the victim that he loved her. The accused broke into her house when she was alone the next day and raped her. If she told anyone about the incident, the accused threatened to kill her. The victim's mother filed a First Information Report the same day (FIR). He was charged with violating Indian Penal Code (IPC) Sections 376 (rape) and 354D (stalking), as well as POCSO Act Sections 4 (penetrative sexual assault), 8 (sexual assault), and 12 (sexual harassment). During the trial, the accused denied the allegations, claiming that he and the victim were in love it was claimed that the victim's mother was also aware of this. The defense claimed the victim texted him and that they had pictures together. Photographs of the parties from the Holi festival were submitted to the Court, showing the accused without a shirt and the victim standing beside him. The accused also mentioned a supreme decision on Radhu vs. State of Madhya Pradesh, in which she has been indicated that the courts kept in mind that false accusations of rape are not uncommon. It was also argued that there have been rare instances where a parent persuaded a gullible or obedient daughter to file a false rape charge to exact revenge, extort money, or avoid financial liability.
The Court’s Judgment
The Court, however, was unconvinced by the accused's position. The Supreme Court's decision in Radhu vs. State of Madhya Pradesh was discussed, which held that if a rape victim states on oath that has been forcibly subjected to sexual intercourse, your statement will normally be accepted, even if it is not corroborated. According to Judge Priti Kumar, it was clear that the girl did not want to have sex, which is why she did not hide it from her mother. It is evident that the girl victim was not a consenting party. As a result, it was noted that the victim's testimony inspired the confidence of the Court, in particular the victim. Her credibility was not shaken by cross-examination, and she insisted that it was coercive sex. If a rape victim means swearing that she was forced to be sexually coerced sexual intercourse, your claim will normally be accepted, even if it is not substantiated, “the court said , responding to the accused's claim that the accused and the victim had a relationship, the court noted that the friendship is normal, but the accused overstepped the bounds by sexually pushing the victim.
The Court further pointed out that because the victim was a minor, her permission would be irrelevant under the law. The court said: “It is a well-established position in the law that the consent of a child is not consent. Even though there was some confusion about the victim's age, the Court determined that she was under the age of 18.
“The Prosecutrix was under the age of 18 at the time of the incident, according to oral and documentary evidence. Even if the date of birth is incorrect since the parents are illiterate, in my opinion, she is not older than 18 years old. The Accused is 18 years old, and the Prosecutrix is under the age of 18, as evidenced by her appearance in the defense's photograph at Ex21. Even if it is assumed that 13 years of age is not accurate, it is apparent that she will not be the elder to accuse. She will still appear in the age group of 13 years and older, but not in the age group of 16 years and younger,” the Court concluded.
Furthermore, the Court stated that the Prosecutrix testimony in this instance does not reveal any consent, regardless of whether she is a juvenile or a major. As a result, the accused was convicted of rape under the IPC, as well as sexual harassment, sexual assault and sexual assault with penetration under the POCSO. It was also said that the sentence would convey a message to today's youngsters, particularly those in the accused's age group, that an uncontrollable drive for sexual satisfaction might jeopardize their future, job, and golden period of advancement. As a result, the accused was sentenced to 8 years in prison and with fine 20,000 Rs under the IPC and submarine penetrative sexual assault. POCSO resulted in separate sentences for sexual assault and sexual harassment. The Court clarified that all the sentences would run concurrently. The District Legal Services Authority of Mumbai also gave the victim compensation under several compensation schemes.
CONCLUSION
Friendship should not be confused with love, and having a friend of the opposite sex does not imply that she is available to satisfy his sexual desires. A Mumbai court recently ruled that friendship should not be confused with love. While convicting an 18-year-old boy for rape of a 13-year-old girl, the court noted that having a friend of the opposite sex does not mean that it is available to satisfy his sexual desire.
REFERENCE
https://www.barandbench.com/news/litigation/having-friend-opposite-sex-does-not-mean-she-available-satisfying-sexual-desire-pocso-court
Having friend of opposite sex does not mean she is available for satisfying sexual desire: POCSO Court
https://lagatar24.com/having-friend-of-opposite-sex-does-not-mean-she-is-available-for- satisfying-sexual-desire-mumbai-pocso-court/74747/
Having friend of opposite sex does not mean she is available for satisfying sexual desire: Mumbai POCSO Court