The court also noted that “the man had even used protection (condom) during the sexual intercourse.” (File) The Bombay High Court on Wednesday granted bail to a man booked for raping a minor in 2016, observing that the victim, who was 16 and half years of age, “ought to be aware of the nature and consequences of the act.”
The court also noted that “the man had even used protection (condom) during the sexual intercourse”.
The HC observed, “There is no manner of doubt that the victim being below the age of 18 years, is a ‘child’ within the meaning of the POCSO Act. However, at the same time, it is necessary to note that the victim had attained the age of 16 years and 6 months and ought to be aware of the nature and the consequences of the act. There are circumstances to indicate that there was no element of force or coercion at the instance of the applicant in having physical relations with the victim.”
A single-judge bench of Justice C V Bhadang, while granting bail to the applicant, made prima facie observations that stated, “It is significant to note that the medical report shows that the applicant had even used protection (condom) during the relationship. The investigation is complete and the chargesheet is filed. The applicant is in custody for about two years and six months. I do not find that detention of the applicant behind bars is warranted pending trial.”
The bench on April 6 passed an order in bail plea by a man from Kolhapur in connection with the case. He has been incarcerated since his arrest on September 9, 2019. The accused was booked under various provisions of IPC, Protection of Children from Sexual Offences (POCSO) Act, 2012 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
According to the prosecution, the victim at the time of the incident was 16 years and 6 months of age and the applicant was a brother of the friend of the victim and was well acquainted with her.
The victim claimed that on May 19, 2019, the applicant called her behind her house and committed forcible sexual intercourse with her, saying that he loves her and wants to marry her and there were multiple occasions when the applicant had sexual relations with her.
After the father of the victim came to know about the said instances, an FIR was registered on September 9, 2019, and the accused was arrested on the same day.
Advocate Paras Yadav representing the applicant stated that although the victim was minor, she had attained the age of understanding the nature and the consequences of the act and the relationship were consensual. Yadav alleged delay in lodging the complaint and said further incarceration of the applicant is not necessary.
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