Overview
- A division bench of Justices Siddharth and Prashant Mishra set aside all convictions, allowing the appeal and ordering acquittal.
- The court found the woman was about 20 at the relevant time, faulting the trial court for not properly considering the ossification report and related age records.
- Evidence showed she left home voluntarily, traveled by public transport to Gorakhpur and Bengaluru, lived with the appellant for about six months, and contacted family only after being dropped back on 6 August 2021.
- With consent established and majority proven, convictions under IPC kidnapping and rape provisions, Section 6 of the POCSO Act, and Section 3(2)(V) of the SC/ST Act were held unsustainable.
- The judges cautioned against mechanically applying older statutes to live-in relationships, noting FIRs are often lodged after such relationships fail, and directed the appellant’s release if not required in any other case.