Twenty-Six Year-Old Indian Man

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Charge:	Rape
Sentence:
Years Imprisoned:
Year Crime:	1993
Year Convicted:	1996
Year Cleared:	2016
U.S. State or Country of Crime:	India
County or Region of Crime:
City of Crime:	Satara
Result:	Judicially Exonerated
Summary of Case:	"A 26-year-old man in Satara, India was wrongly convicted in August 1993 of raping a minor over an eight month period of time in 1992 and 1993. The young ladies father worked as a watchman and her mother would leave the house at that time to spend time with the elder sister who had recently had a baby. While they were gone the man would go to the young lady's house and have sexual relations with her. At the time the man had been married for 10 years. The young lady's parents found out about the relationship when she was 32 weeks pregnant. When confronted, the man said he didn't know she was a minor, and he offered them money for an abortion. Her parents filed a complaint with the police and he was charged under IPC sections 376 (punishment for rape) and 363 (punishment for kidnapping) against the man. Nine witnesses including the victim, her mother, and medical and investigating officers testified during his trial. The man's defense was that he though she was legally an adult and he didn't kidnap or force her to engage in sex with him. The man was found guilty of rape in the Sessions Court. He appealed to the High Court in 1996. In August 2016 the Bombay High Court quashed and set aside the man's conviction, and acquitted him of rape because of insufficient evidence he committed a crime because no evidence of the alleged victim's age was presented to establish she wasn't of legal age, and no evidence was presented their sexual relationship was not consensual. The Court's ruling stated: “It is pertinent to note that the victim has appreciated the conduct of the accused by stating that he was a calm and quiet person and had no quarrels with anybody. The most important aspect is that there is no specific allegation like the consent was obtained fraudulently, or that he had committed sexual intercourse under threat or coercion, nor had he proposed her for marriage. All that the victim has stated even before the medical officer is that she had sexual intercourse with the accused. Another important aspect of the accused is that the exact age of the victim has not been established by the prosecution except the school-leaving certificate which had no basis. The prosecution should have established the factum of minority beyond reasonable doubt.”"
Conviction Caused By:
Innocence Proved By:	"In August 2016 the Bombay High Court quashed and set aside the man's conviction, and acquitted him of rape because of insufficient evidence he committed a crime because no evidence of the alleged victim's age was presented to establish she wasn't of legal age, and no evidence was presented their sexual relationship was not consensual. The Court's ruling stated: “It is pertinent to note that the victim has appreciated the conduct of the accused by stating that he was a calm and quiet person and had no quarrels with anybody. The most important aspect is that there is no specific allegation like the consent was obtained fraudulently, or that he had committed sexual intercourse under threat or coercion, nor had he proposed her for marriage. All that the victim has stated even before the medical officer is that she had sexual intercourse with the accused. Another important aspect of the accused is that the exact age of the victim has not been established by the prosecution except the school-leaving certificate which had no basis. The prosecution should have established the factum of minority beyond reasonable doubt.”"
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	Indian
Information Source 1:	"20 yrs after conviction for minor’s rape, man acquitted by HC, By Special Correspondent, The Hindu, August 29, 2016"
Information Location 1:	http://www.thehindu.com/todays-paper/tp-national/tp-mumbai/20-yrs-after-conviction-for-minors-rape-man-acquitted-by-hc/article9044761.ece
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Twenty-Six Year-Old Indian Man

Charge:

Rape

Sentence:

Years Imprisoned:

Year Crime:

1993

Year Convicted:

1996

Year Cleared:

2016

U.S. State or Country of Crime:

India

County or Region of Crime:

City of Crime:

Satara

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Indian

Information Source 1:

"20 yrs after conviction for minor’s rape, man acquitted by HC, By Special Correspondent, The Hindu, August 29, 2016"

Information Location 1:

http://www.thehindu.com/todays-paper/tp-national/tp-mumbai/20-yrs-after-conviction-for-minors-rape-man-acquitted-by-hc/article9044761.ece

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