Rape survivor, 16, knew 'nature and consequences' of act: Bombay HC grants bail to accused

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• Apr 11, 2022 | Pratiksha

While the victim was under the age of 18, making her a minor under the Protection of Children from Sexual Offences (POCSO), Justice Bhadang 

Digital Desk: The Bombay High Court granted a man from Kolhapur bail after being charged with raping his friend's underage sister. The judge noted when granting bail that "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."

In addition, the bench of Justice CV Bhadang stated, "There are circumstances to indicate that there was no element of force or coercion at the instance of the accused in having physical relations with the victim. It is significant to note that the medical report shows that the accused had even used protection (condom) during the relationship."

While granting bail, Justice Bhadang also said that the investigation was completed and that the chargesheet had been submitted. "The accused has been imprisoned for nearly two years and six months. I do not believe that the accused should be imprisoned pending trial "Justice Bhadang said.

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The bench was hearing a bail motion made by Rohit Sukate, who was arrested by Kolhapur police on September 9, 2019 and has been detained since.

While the victim was under the age of 18, making her a minor under the Protection of Children from Sexual Offences (POCSO), Justice Bhadang noted that at 16.6 years, the victim was aware of the repercussions of her actions.

According to the prosecution case, the victim was 16 years and 6 months old when the FIR was filed by her father. The accused was the victim's friend's brother, and he knew him.

In May 2019, the victim alleged that the accused had called her behind her house and forcibly assaulted her there under the guise of being in love with her and wanting to marry her.

This went on for a few months until the victim's father discovered the relationship in the first week of September 2019 and filed a FIR against the accused. The accused was apprehended on September 9 and has been detained since then.

While arguing on behalf of the accused, his counsel, Paras Yadav, stated that while the victim was a juvenile, she had reached the age where she could grasp the nature and consequences of the conduct. He also relied on the victim's medical records, which he said suggested that the connection was voluntary.

In response to the allegations, supplementary public prosecutor A R Kapadnis contended that the victim was a "kid" under the Protection of Children from Sexual Offences (POCSO) act. The accused sexually assaulted her several times.