Bom HC | Accused alleged to have raped repeatedly a 17 year old victim granted bail in view of confession of “consent” by victim for the act

Bombay High Court: Sandeep K. Shinde, J., granted bail to a person accused for alleged offence of committing rape repeatedly, which turned out to be consensual on perusal of statement by the victim to the medical officer.

Petition was filed with regard to enlargement on bail for the alleged offences punishable under Section 376(2)(n) of Penal Code, 1860 read with Section 6 of the Protection of Children from Sexual Offences Act.

Victim in the present case was 17 yeas and 8 months old at the time of the incident.

Bench on perusal of the final report found that victim had informed the medical officer that she has sexual contact for multiple times with the applicant voluntarily.

Further it appeared that till her pregnancy she did not disclose the incident of alleged sexual assault.

Victim alleged that applicant had promised to marry her and therefore she had succumbed to his desires. Court had made efforts to settle the marriage of victim with the applicant, but on interviewing her she flatly denied to marry the applicant.

Thus in the above stated circumstances, Court concluded that it would be unreasonable to hold that victim did not possess mental capacity to actively understand the nature and consequences of the act as to which she had consented.

“Her statement to Medical Officer also reinforces the fact that she was in love with the applicant and voluntarily submitted to the physical desires of the applicant.”

Hence, applicant is directed to be released on bail with certain conditions.[Manish R. Mishra v. State of Maharashtra, 2020 SCC OnLine Bom 778 , decided on 13-07-2020]

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