Bombay HC Grants Bail To Man Accused Under POCSO Act Noting That Victim Was in Relationship And Knew Consequences

The Bombay High Court recently granted bail to a man (21) who is accused of raping a minor (15) and observed that the couple were in a relationship and even though the girl was a minor at the time of the incident she understood the consequences of her actions.

The prosecutrix told her family about the incident in April 2021 after her sister found her texting the accused. The mother of the prosecutrix filed a complaint and the accused was arrested u.s 376, 363 and 506 of the IPC and u.s 4, 8 and 12 of the POCSO Act.

In her statement, the prosecutrix said that she was in a relationship with the accused and that she willingly went to the accused’s aunt’s house where the accused committed sexual intercourse with her without her consent.

The Court referred to the facts of the case and observed that the girl has admitted that she was in love with the accused and had voluntarily accompanied him, therefore whether the sexual intercourse was consensual is a matter of evidence.

As per the court, even though the minor’s consent is immaterial, the prosecutrix was capable of understanding the consequences of her actions and voluntarily accompanied the accused.

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The court also noted that the prosecutrix kept quiet about the incident till she was caught texting the accused by her family.

Considering the age of the accused and the circumstances of the case, the Bench of Justice Bharati Dangre granted bail to the accused but imposed conditions that he cannot contact the prosecutrix and to stay away from the area where the prosecutrix resides.

Title: Faizan Wahid Baig versus the State of Maharashtra

Case No.: Bail Application No.: 3372 of 2021

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