The Bombay High Court has granted bail to a 22-year-old man who was arrested last year for allegedly raping a 15-year-old girl. of her act.
A single court Bharati Dangre in the November 15 order also noted that the girl had voluntarily accompanied the accused to his aunt’s house where the alleged crime took place.
“It seems that the girl, although a minor, was able to understand the consequences of her act and that she voluntarily accompanied the applicant (suspect) to his aunt’s house. Although she is a minor and her consent becomes irrelevant, in a case like this, where she voluntarily joined the applicant and admitted that she was in love with the applicant, whether she consented to the intercourse or not is a matter of evidence,” the court said.
It added that it should be determined during the trial whether the girl resisted the sexual act and at what point the accused forcibly engaged in sexual intercourse with her against her will.
“The applicant is also a young boy and the possibility that he may also be struck by infatuation cannot be ruled out. At this point, he does not need further detention as he was arrested in April 2021 and the process may take a long time” , the statement said. said the Supreme Court.
The bank, while granting bail to the defendant, instructed him not to make contact with the girl and not even to enter the same area as her residence in suburban Mumbai.
On 29 April 2021, a case was filed by the girl against the accused under the relevant provisions of the Indian Penal Code (IPC) and the Child Protection Act (POCSOA).
According to the complaint, the accused raped her on April 6, 2021, when she accompanied him to his aunt’s residence in suburban Mumbai. The girl said she revealed the incident to her sister on April 29 after her family caught her talking to him on WhatsApp.
The high court also took note of this delay in filing the complaint and said: “The girl kept silent until her WhatsApp chat with the applicant was contested by her relatives. She remained silent from April 6 and did not disclose the incident until an objection was made by her family”.
(Except for the headline, this story has not been edited by NewsMadura staff and is being published from a syndicated feed.)
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