Friday, May 7, 2021
Home State Bombay High Court:The Bombay High Court recently granted bail to a man...

Bombay High Court:The Bombay High Court recently granted bail to a man accused of raping a minor on the grounds

The Bombay High Court recently granted bail to a man accused of raping a minor on the grounds that there were discrepancies related to the victim’s age and also observed that the accused and the victim had had ‘consensual sex’ in the past.

The court noted that the victim was not a minor as ossification report indicated that she was 18-19 years old and not 14 as claimed in her complaint. The court also observed that there were earlier instances of sexual relationship between the accused and the victim and the same appeared to be consensual.

Granting bail to the accused, Justice Prakash D Naik noted, “There are discrepancies relating to the documents regarding date of birth of the victim. The ossification test report on record indicates that the victim is aged about 18 to 19 years. Considering the factual aspects, the case for grant of bail is made out.”

The complaint stated that the victim was about 14 years old. The accused resided in the building adjacent to her. She stated in her complaint that another resident had informed her that the accused intended to talk to her and wanted to marry her. The victim refused to accept his proposal, after which the accused allegedly continued to harass her. As per her statement, he sexually assaulted her and threatened her not to disclose the incident to anyone. The accused had a physical relationship with the victim on several occasions, she said. On January 2 last year, the accused called her at his residence where his parents and sister were present. He allegedly told her that he would not marry her and his sister assaulted the victim, prompting her to lodge a complaint.

Counsels representing the accused argued that the charges were ‘concocted’ and ‘fake’ and said that even if her allegations are assumed to be true, the relationship appeared to be consensual. They further submitted that the victim and her family members had suppressed her age.

Additional Public Prosecutor A A Takalkar, however, submitted that prima facie the documents on record indicate the victim was a minor and the relationship was non-consensual. Opposing the bail plea, the police submitted that since the victim was threatened, it was a forcible sexual assault and arguments by accused can be considered during the trial.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

- Advertisment -

Most Popular

Germany rejects US proposal to waive patents on Covid-19 vaccines

President Joe Biden on Wednesday voiced support for a waiver in a sharp reversal of the US position, and his top trade negotiator, Katherine...

Reluctant EU ready to discuss Covid vaccine IP waivers – latest updates

A healthcare worker prepares a dose of the Pfizer/BioNTech Covid-19 vaccine, which was authorized by Canada to be used for children aged 12 to...

Central team arrival soon after govt formation irks Mamata

West Bengal Chief Minister Mamata Banerjee on Thursday accused the BJP of inciting violence and criticised the Union government for sending a team to...

‘बहुत कम ऑक्सीजन बचा है, नहीं बचेंगे मरीज’, कहकर फफक पड़े इस अस्पताल के सीईओ

देश की राजधानी दिल्ली में ऑक्सीजन की किस कदर किल्लत है, इसका अंदाजा एक डॉक्टर के आंसुओं को देखकर सहज ही लगाया जा सकता...

Recent Comments