Despite the fact that the victim was under the age of 18, making her a juvenile under the POCSO Act, the Court found that she was 16.5 years old and fully aware of the repercussions of her actions.
The Bombay High Court recently granted bail to a rape suspect, citing the fact that the 16-year-old victim was aware of the repercussions of her actions and that the accused had used a condom during sexual contact with her.
CV Bhadang, a single-judge, was considering a bail application from the accused, who had been detained by the Kolhapur police since September 9, 2019.
Although the victim was under the age of 18, making her a juvenile under the Protection of Children from Sexual Offences Act (POCSO Act), Justice Bhadang stated that she was 16.5 years old at the time and was aware of the repercussions of her actions.
"It is important to emphasise that the victim was 16 years and six months old at the time of the crime and should have been aware of the nature and consequences of the crime. Some circumstances suggest the Applicant did not engage in physical intercourse with the victim under duress or coercion. It's worth noting that the Applicant employed protection (condom) during the relationship, as evidenced by the medical report in Clause 15(F) "The Court took notice of this.
Justice Bhadang further noted that the accused had been in detention for more than two years and granted him bail in exchange for a 25,000 surety.
The victim was 16 years and 6 months old at the time the FIR was filed by her father, according to the prosecution case.
The accused was a friend of the victim's brother and knew him.
The victim alleged in May 2019 that the accused had called her behind her house and violently assaulted her on the pretence that he loved her and wanted to marry her.
This went on for a few months until the victim's father found out about the relationship and filed a police report against the accused.
The accused's lawyer, Paras Yadav, argued that the victim while being a minor, had reached an age where she could comprehend the nature and consequences of the crime. He also relied on the victim's medical reports, which he claimed suggested that the connection was voluntary.
Additional public prosecutor AR Kapadnis stated that the victim was a "kid" under the Protection of Children from Sexual Offenses (POCSO) legislation and that the accused sexually abused her on several occasions.
The accused's arguments were accepted by the court, and he was granted bail.
Comentários