A fast-track court in Kalyan, Maharashtra, has sentenced a 39-year-old man to 10 years of rigorous imprisonment for the rape of a 15-year-old girl. The court ruled that the minor's conversion to Islam could not be considered voluntary.

  • 39-year-old Azhar alias Badu Mustaq Qureshi sentenced to 10 years rigorous imprisonment.
  • Court ruled that a minor's religious conversion is legally non-voluntary.
  • Accused acquitted of kidnapping as the victim accompanied him willingly.
  • Evidence of fake ticket names pointed toward a 'pre-planned plot'.

In a significant judgment, a special fast-track court in Kalyan, located in Maharashtra's Thane district, has convicted 39-year-old Azhar alias Badu Mustaq Qureshi for the rape of a 15-year-old girl. The incident dates back to 2011, involving a complex case of elopement and religious conversion.

Additional Sessions Judge PP Muley observed that while the survivor, a resident of Dombivli, had voluntarily accompanied the accused to Lucknow, her age at the time made any subsequent physical relationship a criminal act of rape. Consequently, the court acquitted the man of kidnapping charges but upheld the rape conviction.

Read Also:Delhi Police Seize 384 Rolls of Banned Chinese Manjha; Three Arrested

Why This Matters

BozokMedia analysis shows that this ruling reinforces the legal precedent that 'consent' is irrelevant when the victim is a minor. By focusing on the non-voluntary nature of the religious conversion, the court has highlighted the vulnerability of minors to grooming and manipulation under the guise of affection or faith.

The prosecution presented evidence that the accused had purchased travel tickets under a different name. The court interpreted this action as a clear sign of "pre-planned ill intention," suggesting that the entire sequence of events was orchestrated solely to establish a physical relationship with the victim.

"The law is absolute regarding the age of consent; any sexual act with a minor is rape, regardless of the perceived willingness of the victim."
p>

Referring to established Supreme Court guidelines, the court emphasized that under Section 376 of the IPC, any person having sexual intercourse with a girl under 18 is liable for punishment. The court rejected the defense's attempt to seek shelter under Exception 2 of Section 375 of the IPC, which pertains to marital exceptions for girls above 15 but below 18.

Did You Know?: In Indian law, the 'Age of Consent' for sexual activities is strictly 18 years, making any act with a person below this age a statutory crime regardless of consent.

Frequently Asked Questions

1. Why was the man acquitted of kidnapping?
The court found that the girl had accompanied the accused to Lucknow of her own volition, which negated the charge of kidnapping.

p>2. What was the court's stance on the religious conversion?
The court held that because the victim was a minor at the time of the conversion rites, the act could not be legally classified as voluntary.