Khushi Gupta
Published on: 10, 2022 at 20:20 IST
The Bombay High Court granted Bail to a Rape suspect, noting the Fact that the 16-year-old victim was aware of the Repercussions of her Actions and that the Accused had used a condom during Sexual Contact with her.
“It is necessary to note that the Victim had attained the age of 16 years and 6 months and ought to be aware of the nature and the consequences of the Act. There are circumstances to indicate that there was no Element of Force or Coercion at the instance of the Applicant in having physical relations with the Victim. It is significant to note that the Medical Report vide Clause 15(F) shows that the Applicant had even used protection (condom) during the relationship,” the Court noted while granting the Bail.
Justice Bhadang stated that she was 16.5 years old at the time and was aware of the Repercussions of her actions, although the Victim was under the age of 18, making her a Juvenile under the Protection of Children from Sexual Offences Act (POCSO Act).
The Accused had called her behind her house and pretended that he loved her and want to marry her, violently Assaulting her.
When the Victim’s father found out about the relationship, he filled a Police Report against the Accused.
Justice Bhadang noted that the Accused had been in Jail for more than two years and granted him Bail in exchange for a Rs. 25,000 surety.
Also Read: Special Court: No Leniency for Heinous Act of Father, Who Raped his Daughter