Minor's consent is 'no consent in eyes of law' in rape cases, observes court
District Judge P P Jadhav, in his order issued on September 12, also sentenced the accused, Devendra Gupta, to one-year rigorous imprisonment for house trespass.
Both the sentences will run concurrently, the court said.
According to the prosecution, the incident took place on October 2, 2015, when the victim, then aged 16 years and studying in Class 11, was alone at her home in Kajuwadi locality here as her parents and brother had gone out.
When the victim's mother knocked on the door, the accused got scared and tried to hide in the house.
The victim opened the door and narrated the incident to her mother. In the meantime, their neighbors also gathered and caught hold of the accused and thrashed him, but he managed to escape, the prosecution said.
It is clear that the accused entered the victim's house with an ulterior motive and sexually assaulted her, he said, while pronouncing him guilty on charges of rape and house trespass, and relevant provisions of the Protection of Children From Sexual Offences (POCSO) Act.
The court also imposed a fine of Rs 15,000 on the accused.