Rejecting the claims of a man accused of kidnapping and sexually abusing a 14-year-old girl that both of them were in love, the Bombay High Court refused to grant him bail pointing out that she did not understand the consequence of rape and consent, if any, cannot be taken into consideration at this stage. “Taking into consideration the fact that the victim was hardly 14 years old at the time of the incident and that she did not understand the consequence of rape, consent, if any, cannot be taken into consideration at this stage,” said Justice S S Jadhav.
Referring to the statement of the victim, the court further held that it cannot be said that the applicant and the victim were in love with each other, “as he had not only subjected her to sexual abuse but had also kept her in confinement. In the peculiar facts and circumstances of the case, the applicant does not deserve to be enlarged on bail,” added the court.
The man was arrested in April 2015, after a complaint was registered with the Manpada police station in Thane. Investigation has been completed and a chargesheet has been filed in the matter.
On March 30, 2015, the mother of the girl called the father and told him that their daughter had not returned from tuition.
A neighbour then informed the girl’s parents that he had seen the man leave with their daughter. The father, on inquiring from the family of the accused about his whereabouts, was told that he had been residing in Surat for the last few months.
The father, therefore, suspected that his daughter had been taken there and filed a case of kidnapping.
On April 5, 2015, the daughter got in touch with her father who rescued the girl along with the police from the address given by her. The girl informed the police that the man was earlier working with her father. On March 30, he had called her for a chat and then taken her to Surat in a train. She alleged that at Surat, he had locked her up in a room. They were residing as husband and wife.
He had sexual intercourse with her and while leaving for his job, he used to lock the room and she was not allowed to contact anybody. She later disclosed to a doctor that he had sexual intercourse with her against her wish prior to this incident also. The counsel for the accused claimed that the applicant and the victim were in love with each other and the father of the victim has falsely implicated him since he did not approve of the love affair.
He further said the complainant belongs to Kshatriya community, whereas the applicant belongs to a Scheduled Caste and therefore the applicant has been falsely implicated.
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