Mumbai: Bombay HC grants bail to ‘infatuated’ rapist

Mumbai: Granting bail to a 22-year-old man who was arrested last year for allegedly raping a 15-year-old, the Bombay High Court noted that the two were in a relationship and the victim, “though minor, was capable of understanding the consequences of her act”.

Justice Bharti Dangre recently also added that the minor had voluntarily accompanied the accused to his aunt's place where the alleged offence took place.

The judge observed, “It appears that the victim, though a minor, was capable of understanding the consequences of her act and she voluntarily accompanied the applicant (accused) to his aunt’s place.”

It will have to be determined at the time of trial whether the victim resisted the sexual act and at what point the accused forcibly committed sexual intercourse with her against her wishes, the court added.

“Though a minor, her consent becomes immaterial. In a case like this, where she voluntarily joined the applicant admitting that she was in love with the applicant, whether she consented to the sexual intercourse or not is a matter of evidence," the judge averred.

The boy has been in custody since his arrest in April 2021. The trial may consume considerable time. Hence, he need not be kept incarcerated, the court said.

"The applicant is also a young boy and the possibility of him also being smitten by infatuation cannot be ruled out. At present, he need not be further incarcerated as he has been arrested in April 2021 and the trial may consume considerable time,” the court noted in its order.

On April 29, 2021, the victim registered a case against the 22-year-old under various provisions of the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences Act (POCSO).

Her complaint stated that on April 6, 2021, when she accompanied him to his aunt’s place, he raped her. However, she revealed the incident to her sister only on April 29 after she was caught chatting with him on social media.

Taking note of the delay in registering the complaint, Justice Dangre said, “The victim kept quiet till her family objected to her chat with the applicant. She had remained silent and disclosed the incident only when her family objected.”

While releasing him on bail, the HC has directed him not to contact the victim and not enter the area of her residence.