The Bombay High Court has granted bail to a 21-year-old man who was arrested in April 2021 for allegedly raping a 15-year-old girl, stating that the girl was capable of understanding the consequences of her actions and had voluntarily gone with the accused.
Justice Bharati Dangre, in her order dated November 15, 2022, observed that the victim had willingly accompanied the accused to his aunt’s house, where the alleged incident took place. The Court noted that even though she is a minor and her consent is legally irrelevant under the POCSO Act, her actions suggested that she understood what she was doing.
Justice Dangre stated, “The girl admitted she was in love with the accused. Whether she actually consented to the sexual act or not is a matter to be decided during the trial. The fact that she voluntarily went with him is important in this case.”
The judge further said that whether the girl resisted the sexual act, and at what point the act turned non-consensual, would need to be determined during the trial. She added, “The accused is also young and could have been influenced by emotions. He has already been in custody since April 2021, and there is no need to keep him jailed further as the trial may take time.”
A case was filed under sections of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences Act (POCSO) on April 29, 2021, after the victim’s family found her chatting with the accused on WhatsApp.
As per the FIR, the incident happened on April 6, 2021, when the girl accompanied the accused to his aunt’s home in Mumbai. The complaint was only filed 23 days later, and the Court took note of this delay.
“The victim only spoke up after her family objected to her WhatsApp chat with the accused. She remained silent for weeks, which raises questions,” the Court said.
Taking all these points into consideration, the High Court granted bail to the accused.
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