Observing that the accused was a not a sexual predator but was a young man in a consensual relationship for 15 months, the Bombay High Court has granted bail to a 25-year-old man for raping and impregnating a 16-year-old twice.
The court noted that “no force” was used against the minor “complainant / victim”, and rather it was a consensual act, which the girl’s mother was aware.
Justice Milind Jadhav, on February 13, stated, “The material placed before me do not indicate towards any force being engaged by Applicant over the prosecutrix during their relationship. The case appears to be consensual in nature that had come to the knowledge of her mother upon prosecutrix becoming pregnant not once, but twice.”
The accused was arrested in April 2024 after the girl’s father filed a First Information Report (FIR) alleging rape and violations of the Protection of Children from Sexual Offences (POCSO) Act. However, the court’s examination of the girl’s statements revealed a different narrative.
The court noted that the girl acknowledged a love relationship with the accused, spanning from January 2023 to April 2024. The FIR detailed that the girl had known the accused for four years and that they had been in a relationship for two years, visiting each other’s homes and going out together. The prosecution’s case rested on the girl’s statement in the FIR, where she alleged that the accused had forced her into a sexual relationship under the guise of an excursion. She claimed this initial incident was followed by repeated instances of forced sexual relations, ultimately leading to her pregnancies.
The court noted a significant delay of over 15 months in filing the FIR after the first alleged incident. Furthermore, the judge highlighted the fact that the girl’s mother, despite knowing about the first pregnancy and subsequent abortion, did not file a complaint at that time. Instead, she sent her daughter to stay with an acquaintance. The court also pointed out the lack of specific details in the FIR regarding the alleged “force” or “coercion” used by the accused.
The court order stated that the accused made out a strong case for bail since the boy and girl of the same age, in a consensual long standing love relationship, “does not make it an offense of a nature to justify his custody”.
The judge added: “The Applicant is not a sexual predator but a young person who was involved in a consensual relationship which is admitted by the prosecutrix.” Justice Jadhav emphasized that both individuals were of an age where they could reasonably understand the implications of their actions, yet they engaged in the relationship over a prolonged period.
The court acknowledged the arguments presented by the prosecution and the girl’s appointed advocate, who emphasized the girl’s minority and potential vulnerability. However, the judge maintained that the evidence pointed towards a consensual relationship.
The court granted him bail on surety of Rs15,000.
