Mumbai, Dec 20: The Special Prevention of Children Against Sexual Offences Act (POCSO) court has granted bail to a 19-year-old man accused of allegedly raping a minor, in a case where the child became pregnant. The court, while granting bail to the youth, maintained that, prima facie, the case appeared to be ‘consensual in nature’ and hence did not warrant any further custody of the man.
Case dates back to May 2025
The prosecution’s case dates back to May 2025, when the accused and the victim fell in love, which later turned into an intimate relationship. However, in November, the family of the victim realised that she had skipped her monthly menstrual cycle. The victim’s mother then decided to get her medically examined, during which it was discovered that the victim was pregnant.
Police register rape case, accused arrested
The family of the victim immediately approached the Vakola police station, where a rape case was registered against the accused, and the youth was subsequently arrested.
Defence claims false implication
Advocate Adnan Mookhtiar, appearing on behalf of the accused while arguing the bail application, said, “The accused has been falsely implicated in this case. There is a love relationship between the victim and the accused, and both are going to marry with the consent of their respective families. The accused is a young boy of 19 years. If he is kept in jail for a longer period, he will come in contact with hardcore criminals, which will affect his entire career. He is ready to abide by any condition imposed by this court.”
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Court notes relationship and family connection
After hearing the application, the court observed, “After perusal of the FIR, it is seen that the elder sister of the victim got married to the brother of the accused, and since the marriage of her sister with the brother of the accused, both were acquainted with each other and were in contact since May 2025. Their friendship converted into a love relationship. As per the averments, the accused came to the house of the victim in August 2025, and relations took place between them. Prima facie, it appears that there was no force exercised by the accused over the victim during the relationship. The case appears to be consensual in nature. Also, the accused is a 19-year-old young person involved in a consensual relationship, which is admitted by the victim. Both parties were of an age to have a reasonable understanding of the import of their conduct and, despite this, engaged in the act, out of which the victim became pregnant. It is also mentioned in the petition that the victim and the accused are going to get married, and the victim has no objection to the release of the applicant on bail.”
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