Consent of Minor Relevant While Deciding Bail Application of Rape Accused

Recently, the High Court of Himachal Pradesh has granted bail to a person accused of raping a minor on the ground that the girl had consented to have sexual intercourse with him.

Hon’ble Judge observed that even though she could not have consented for sexual intercourse or for leaving custody of her custodian, but for deciding the bail application, her conduct was sufficient to grant bail to the accused.

The victim was allegedly in love with the accused.

The petitioner moved the High Court seeking regular bail on the ground that the family of the girl forced her to lodge a false case as they wanted to break their love affair.

Hon’ble Judge took note of the fact that the girl knew the accused for 3-4 months and was in touch with him through Facebook and cell phone. The girl also informed the Court that on 30.10.2020, they participated in a marriage ceremony and after that, the accused had sexual intercourse with her.

Hon’ble Court held that the victim accompanied the accused by her own accord and had voluntarily had sexual intercourse with him. Although she could not have consented for intercourse or left the custody of her custodian, due to her conduct, bail can be granted to the accused.

It was further held that after careful analysis of the evidence, further incarceration of the accused was unwarranted, and the bail application of the accused was allowed.

Case Details:

Title: Rohit Sharma vs State of Himachal Pradesh

Case No.: Cr.MP(M) No. 2001 of 2020

Date of Order:11.11.2020

Coram: Hon’ble Justice Anoop Chitkara

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