HC grants bail to man arrested for raping minor girl, says sexual relationship out of attraction between them

Justice Urmila Joshi-Phalke on January 5 passed an order in an application by the man arrested for offences punishable under Section 363 (kidnapping), 376 (rape) among others of the IPC and relevant provisions of the Protection of Children From Sexual Offences Act (POCSO), 2012.

As per a report lodged by the victim’s father, on August 23, 2020, the then 13 year old school going girl had left her house in the guise of bringing a book but did not return home. The complainant’s father along with rest of the family members searched for her in the neighbourhood but the girl was not to be found. Hence, a missing report was filed and registered with the Police.

The victim was traced in Bangalore, after which she returned home and Police recorded her statement and the rape case was lodged against the applicant.

The Police contended that the victim is a minor and her consent to a relationship is irrelevant, therefore no leniency be shown to the applicant and his plea be dismissed.

After perusing material on record, the Court noted that though the two stayed at various places, the victim, who had left her parents’ house on her own accord to meet applicant, did not make any grievance before police that the applicant had subjected her for forceful sexual intercourse.

“The applicant was also of a tender age of 26 years and out of a love affair they came together. It seems that, the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that applicant has subjected the victim to a sexual assault,” the bench noted in its order.

The HC added that though the chargesheet was filed long back in the year 2020, there was no progress in the trial as it will take its own time for final disposal.

“In view of that, further incarceration of the present applicant is not required and no purpose will be served by keeping him behind bars,” it held and allowed bail plea by imposing certain conditions.