'14-Year-Old Girl Had Sufficient Knowledge And Understanding Of Her Actions': Bombay HC Grants Bail To Rape Accused

Justice Milind Jadhav's bench took into account the victim’s statements, in which she acknowledged being in a consensual relationship with the accused.

Representational Image | Bombay High Court granted bail to a man accused of raping a minor because the victim had a consensual relationship with the accused.

Source : ABPLIVE AI

The Bombay High Court on Monday granted bail to a 24-year-old man accused of raping a 14-year-old girl, citing that the victim had sufficient knowledge and understanding of her actions. The court's decision was based on the victim's statements, which revealed that she had a consensual relationship with the accused including the fact that the victim voluntarily stayed with the accused for four days.

In its 10-page ruling, Justice Milind Jadhav's bench took into account the victim’s statements, in which she acknowledged being in a consensual relationship with the accused, fully understanding her actions, and voluntarily staying with him for more than three days and nights.

The bench further emphasised that while Sections 4, 6, and 8 of the POCSO Act prescribe stringent punishment, that alone would not prevent the Court from granting or denying bail in the interest of justice, according to Live Law.

Supreme Court And Other Court Support Grant Bail To Offenders

Judge Jadhav highlighted that the Supreme Court and other court rulings have supported granting bail to young offenders awaiting trial to shield them from the negative effects of prolonged imprisonment, considering the principle of the accused’s best interests in specific circumstances.

The Court also observed that the incident was not violent, and the accused had no prior criminal record, which acted as a mitigating factor. Furthermore, the Court considered that the accused, arrested in 2019 at the age of 19, had already served over five years, two months, and 23 days in jail.

In a separate incident, three police personnel from the Narayanpet district of Telangana were caught by Anti-Corruption Bureau (ACB) on Tuesday (February 18) for allegedly demanding and accepting a bribe of Rs 20,000 for providing an official favour. The three personnel include an inspector and two constables.

According to an official release from the ACB, the accused police officers had taken the bribe from a complainant in exchange for an official favour—reducing the severity of charges while filing a charge sheet in a rape case registered at Makthal police station, as per a report on PTI. The bribe amount was recovered from one of the constables during the operation.

The ACB stated that the officials had dishonestly misused their positions to obtain an undue advantage. Further investigation into the case is currently underway.