Bombay High Court: The Division Bench of S.S. Shinde and Manish Pitale, JJ., held that whether a minor gave her consent for sex is immaterial.
Allegation in the present matter was with respect to the alleged sexual assault.
Being aggrieved by the Additional Sessions Judge Order rejecting the prayer of the appellant to release him on bail, the present appeal was filed.
Bench noted the facts and circumstances of the case and further stated that in light of the evidence collected by the Investigating Officer, the involvement of the appellant was disclosed in the alleged commission of offence.
Further, the Court dismissed the contention of the counsel appearing for the appellant that there was consensual sex as the same deserved no consideration since respondent 2 was admittedly minor on the date of alleged incident.
“…the victim was minor at the time of alleged incident and during that period she conceived and delivered a baby. Her consent for the sexual act was immaterial.”
Victim’s statement was recorded under Section 164(5) of the Code of Criminal Procedure and the said statement would show that she never consented to the appellant for sex and apart from the alleged offences under IPC and POCSO, provision of Special Act i.e. SC & ST Act are attracted.
Therefore, in view of the above discussion present appeal was dismissed. Trial Court was directed to expedite the trial. [ABC v. State of Maharashtra, Criminal Appeal No. 147 of 2020, decided on 05-04-2021]
Advocates before the Court:
Mr Rahul Kadam a/w. Mr Maaz Syed for appellant.
Mr Rohan Surve appointed advocate for Respondent No. 2.
Mr. Deepak Thakre, PP a/w. Mrs M H Mhatre, APP for Respondent-State.