Updated: September 26, 2021 4:07:33 pm
TERMING a minor rape victim’s mother giving her ‘no objection to the accused being released on bail ‘interference in the administration of justice’, a special court refused to grant bail to a 22-year-old accused.
According to the prosecution, the victim — a student of Class 12 — was not found at her home by her mother in July. She then lodged a missing complaint. Subsequently, the victim returned home.
Police claimed that the 22-year-old had taken the victim to a lodge and raped her. He then left her at a railway station from where she returned to her house.
The accused in his bail plea claimed that the victim was in a consensual relationship with him. Lawyer Mahesh Rajpopat arguing on behalf of the accused also submitted that he had not forced or compelled her to leave home but she had accompanied him on her own.
During the hearing, the victim’s mother filed an affidavit before the court, stating that she had no objection to the accused being released on bail. The prosecution objected to the plea stating that since the victim is a minor, her consent is not valid.
“The allegation against this applicant is that he had forcible sexual intercourse with the victim. The medical report prima facie supports the case. Though in this case, the mother of the victim has filed an affidavit/say alleging that she has no objection but this is nothing but interference in the administration of justice. Here, the victim is 16 years and 11 months old and the accused is 22 years old… the consent of the victim is immaterial,” the court said.
The court relied on the medical report and the statement of the victim before a magistrate. It said that while the statement said the victim knew the accused for the past year there is no mention that they were in a relationship.
The court said that the victim had said that she had left on her own but that on July 10, the accused had forced sexual intercourse with her.
The accused has been booked under charges of rape under the Indian Penal Code and relevant sections of the Protection of Children from Sexual Offences Act.
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