MUMBAI: The Bombay High Court has granted bail to an accused in the rape of a minor girl stating that although permission is not required under the POCSO Act, the relationship cannot be denied.
As the victim is a minor, her consent to the sexual relationship cannot be taken as legal — even though the relationship between them was with her consent as she was in love with the accused.
The Bombay High Court has granted bail to the accused in the POCSO case, making a significant observation that both of them were aware of the consequences of this act of love.
It is alleged that the accused took the victim to his relative's house and raped her. After reading the WhatsApp conversation between the victim and the accused, several relatives informed her family about the actions of the victim with the accused.
After that, the accused was arrested on the complaint of the family, since then he has been in jail.
The hearing was held before Justice Bharti Dangre. The accused is accused of sexually assaulting the victim. However, the victim went voluntarily. She was also aware of the consequences of the actions between the two. Furthermore, the court observed that prima facie it appears that the victim did not oppose or resist the sexual act. It is clear that the victim girl did not tell anyone about the incident until she was caught chatting with the accused on WhatsApp.
Also, the court has said that since the accused is also a youth, it cannot be ruled out that he too was not tempted.