Mumbai: HC grants bail to man convicted under POCSO after victim says she was major and married

Mumbai: The Bombay High Court has recently granted bail to a man, who was convicted early this year for raping a minor, observing that reasonable doubt was created about the actual birthdate of the victim, which was a “crucial factor” in the case. 

Justice Sarang Kotwal, while releasing the man on bail, also took note of the fact that the man and the girl were married in 2019 and have a two-year-old daughter. Besides, the girl herself expressed that she wanted to stay with the man, since he and his relatives have been taking good care of their baby and her. 

Appeal against the 20 year sentence in POCSO case

The HC was hearing a bail plea by the man pending hearing in his appeal against his conviction. He was sentenced to 20 years in prison by a special court under the Protection of Children from Sexual Offences (POCSO) Act in Pune in April 2022. 

The court said that since his appeal was admitted, with possibility of his acquittal, he was entitled to be released on a bail.

The prosecution case was that the victim, who was born on December 24, 2004, was a minor at the time of the incident in April 2020, got pregnant and later delivered the child. The FIR was filed by the victim’s sister. It claimed that the man had a physical relationship with the victim when she was under 16 years, and therefore, an investigation was carried out and the man was arrested on July 14, 2020.

Minor claims it was a 'consensual relationship'

However, an affidavit was submitted by the girl stating that she was born on December 24, 2000 and that they shared “a consensual relationship”. Urging that he be granted bail, she said that otherwise she and her child would “suffer great prejudice and difficulty”. 

She further said that she had signed the FIR out of fear amidst pressure from social workers and police. The victim had also deposed that she was born at her mother’s native place and was not aware as to why her father had mentioned her birth year as 2004.