HC grants bail to man held for raping teen

Mumbai: The Bombay high court (HC) has granted bail to a 25-year-old man arrested under the Protection of Children from Sexual Offences (POCSO) Act for raping a 14-year-old girl who left her house on her own will and surrendered to his physical desires out of love and affection for him.

At the time of the incident, the victim was only 14 years old and in cases of rape of a minor, the consent of the victim is considered immaterial.

Advocates Nazneen Khatri and Adil Khatri appeared on behalf of the accused, seeking bail on various grounds including that the applicant has been behind bars since April 2018 and the trial is not likely to commence anytime soon.

While granting bail to Anirudha Yadav, Justice Sandeep K. Shinde observed, “So far as the offences punishable under sections 4, 6 and 8 of the POCSO Act (special law) are concerned, it may be stated that the provisions of this law, though stringent in nature, will not deter the court from granting or refusing bail in order to secure the ends of justice.”

The Judge further observed, “The conduct of the victim is indicative of the fact that she left the home of her parents by her own will and that she surrendered to the physical desires of the applicant out of her love and affection for him. It is not the case of the prosecution that the applicant had promised to marry her.

The Judge added, “Additionally, it is also not a case where under misconception of the fact, she served herself to the desire of the applicant for physical relations. No doubt, that the applicant, under the preview of the POCSO Act, is a minor, however, the facts of the present case indicate that she had sufficient knowledge and capacity to know the full import of what she was doing and had only thereafter voluntarily joined the complainant. Thus, taking into consideration the peculiar facts of the case, the present application is allowed.”