Mumbai: Observing that the accused and the victim were prima facie in a consensual relationship, a special court under the Protection of Children from Sexual Offenses (POCSO) Act has granted bail to a 19-year-old in a case where a 17-year-old got pregnant due to the relationship.
The youth was in custody for over two months after the complaint was filed by the girl's mother.
The court relied on a Bombay High Court judgment as well as the statement of the victim and said that the statement prima facie shows that the accused had not exercised any force upon her and that the intercourse between them had occurred on account of them being in a relationship and nothing else.
The accused did not use any force to establish sexual relations
"Prima facie, no force appears to have been used by the accused for establishing sexual relations with the minor victim," special judge SJ Ansari of a Dindoshi court said, adding that both of them were prima facie in a consensual relationship, due to which the victim does not appear to have disclosed her situation, that is, her pregnancy, to her family members.
It was noted that the family members had learned about it only after her examination at Cooper Hospital after she had missed her periods. The hospital had informed the family that she was carrying a 4-month pregnancy. The mother of the girl had then lodged a complaint against the youth who lived in their neighbourhood.
He should get a chance to work and secure his future
The court also stated that he should be given a chance to get employment opportunities and secure his future. It noted that he had no criminal antecedents and said that the probe being complete, no purpose would be served by continuing to detain the youth in prison.
The accused had sought bail, stating that both of them were in love with each other and wanted to get married. He said the relationship was consensual and that there was no force. The girl’s mother had opposed his bail plea and told the court that if released, he might threaten or kill her daughter.
