⭐HC:POCSO, rape conviction set aside – SECTION 4 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT (2012 ), 376 IPC*

Penal Code 1860 S. 376 conviction for offence u s 4. of POCSO Act and S. 376 of INDIAN PENAL CODE, legality – case of prosecutrix that appellant and his five friends committed rape on her by taking her to Mundiya small hill rock of village prosecutrix was having love affair with appellant as Peer prosecutrix herself she was taken to Mundia by friends of appellant was not there – He came there on third day while all five friends have already committed rape on her – No protest raised by prosecutrix while sexual intercourse with appellant – In view of fact that she had love affair with appellant and wanted to marry him and fact that appellant left her by saying that he would come back with money but before that she was recovered, appellant cannot be held guilty of committing rape – prosecution failed to establish that prosecutrix was a minor at relevant time – She appears to be a consenting party – appellant entitled to acquittal._

_Case:_
_*Litu Behera@Jaga Vs. State of Orrissa.*_

_Citation:_
_*2018 ALL MR (Cri) JOURNAL 429.*