The Bombay High Court while noting that the consent of the minor is irrelevant opined that the minor victim was capable of understanding the consequences of her action. Observing that the victim had voluntarily accompanied the Accused to the place where the alleged offence took place, the Court granted bail to the Accused pointing out that he is also a young boy.
Brief Facts:
On a complaint lodged by the victim girl, the Applicant was arrested for offences under the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and the Protection of Children from Sexual Offences Act,2012 (hereinafter referred to as “POCSO”). The age of the victim on the date of the incident was 15 years and 4 months and the applicant was 21 years.
The complaint was filed by the mother of the victim girl. As per the case of the victim, the victim had gone to Govandi with the Applicant on the pretext of meeting the aunt of the Applicant and when the aunt was not present, the Applicant forcibly committed sexual intercourse with the victim.
Observations of the Court:
The Court observed that the victim admitted her close relationship with the Applicant who was her neighbour. The victim had admitted to a love relationship and about visiting the place of Applicant’s aunt, the victim had lied at her home and said that she was going to a friend’s house. The Applicant had informed the victim that his aunt was not at home and they would have to wait for her.
It was also noted that the victim disclosed about the alleged sexual intercourse without her consent only when her sister had caught her texting with the Applicant.
The Bench opined that the victim was minor but very much capable of understanding the consequences of her action and it was not by any force but voluntarily that the victim accompanied the Applicant to his aunt’s house.
Noting that the consent of the minor is irrelevant, the High Court expounded that the victim had admitted that she was in love with the Applicant. It is to be determined whether the sexual intercourse was forced or not. It was further held that the gap between the happening of the alleged incident and the revelation of the same by the victim only when she was caught texting with the Applicant is also relevant.
Considering that the Applicant is also young the Bombay High Court ruled that the Applicant doesn’t need to be arrested. The Applicant was however directed to stay away from the victim and her residence.
Decision of the Court:
Based on the above-mentioned reasons, the Applicant was granted Bail and accordingly the Application was allowed.
Case Title: Faizan Wahid Baig v. The State of Maharashtra
Coram: Hon’ble Ms. Justice Bharati Dangre
Case No.: Bail Application No.3372 OF 2021
Advocates for Applicant: Advs. Mr. Mateen Shaikh, Ms. Muskan Shaikh
Advocate for Respondent: Adv. Mr. Rushikesh R. Chavan
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