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This is an archive article published on September 14, 2020

Bombay HC rejects bail to Pune man booked for raping 17-year-old

“The applicant has taken advantage of the fiduciary relationship, which he shared with the victim girl and put her in a vulnerable situation,” the court said.

covid-19 in maharashtra, bombay hc, maharashtra man assault on govt servant, bombay hc says pay ten thousand to man assaulting govt servant, indian express newsThe HC observed that custodial interrogation of applicant was not required. (File)

The Bombay High Court rejected the bail plea of a 34-year-old Pune resident booked for raping a minor, who is the daughter of his business partner and a family friend.

“The applicant has taken advantage of the fiduciary relationship, which he shared with the victim girl and put her in a vulnerable situation,” the court said.

Justice Bharati H Dangre made the observations last week while hearing a bail plea by the Pune resident, booked for raping the 17-year-old girl under Section 376 (Punishment for rape) of Indian Penal Code and provisions of the Protection of Children from the Sexual Offences (POCSO) Act.

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According to the complaint, on December 6 last year, the accused forced the victim to have sexual relation with him. He also threatened her not to disclose the incident to her parents, the complaint stated. After he sexually assaulted he again, she narrated the ordeal to her parents, who then lodged a complaint on January 30.

The court said assuming the victim consented for the said act, her consent was immaterial as she was a minor. The court then rejected the bail plea.

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