{"id":342134,"date":"2025-02-24T10:00:33","date_gmt":"2025-02-24T04:30:33","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=342134"},"modified":"2025-02-27T14:31:07","modified_gmt":"2025-02-27T09:01:07","slug":"bombay-hc-grants-bail-24-year-old-accused-raping-his-then-14-year-old-girlfriend","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2025\/02\/24\/bombay-hc-grants-bail-24-year-old-accused-raping-his-then-14-year-old-girlfriend\/","title":{"rendered":"\u2018Victim had sufficient knowledge, full capacity to know import of her actions\u2019; Bombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend"},"content":{"rendered":"
\n

Bombay High Court:<\/span> In a bail application filed by a 24-year-old who was incarcerated for more than five years for allegedly raping his 14-year-old girlfriend when he was 19 years old, a Single Judge Bench of Milind N. Jadhav, J., allowed the application holding that the victim had sufficient knowledge and capacity to know the full import of her actions and had voluntarily stayed with the accused.<\/p>\n

Background<\/h3>\n

Allegedly, the victim, the daughter of the complainant, aged 14 at the time, informed the complainant that she was going to visit her sister. When the complainant did not hear from the victim for four days, he inquired and found that the victim had visited her sister on the first day but later left her house and never returned. He found the victim roaming with the accused, aged 19 at the time, due to which he filed the FIR under Sections 363<\/a>1<\/sup><\/a> and 376<\/a>2<\/sup><\/a> of the Penal Code, 1860<\/a>, read with Sections 4<\/a> and 8<\/a> of the Protection of Children from Sexual Offences Act, 2012<\/a> (‘POCSO’).<\/p>\n

According to the victim, she and the accused were in a relationship for 2 years. She had been with the accused for three days and three nights, and on the third night, the accused ravished her modesty. In the medical report, she narrated that she and the accused had a consensual relationship, including the incident in respect of which the present complaint was filed.<\/p>\n

Analysis<\/h3>\n

The Court stated that prima facie, there was a clear difference between the victim’s and the complainant’s statement. The Court noted that the victim changed her statement regarding the fate of the alleged incident. Further, the victim knew the accused, as he used to work at the same hotel as the complainant.<\/p>\n

The Court also noted that one witness statement was of the hotel owner, who had warned the accused during the three days that the victim was missing, stating that if he continued his relationship, he would be fired. Therefore, on reading the FIR, prima facie, the complainant was aware of her love relationship with the accused.<\/p>\n

Regarding the charges under POCSO, the Court stated that though the provisions were stringent, they did not deter the Court from granting or refusing bail in order to secure the ends of justice. Further, the prosecution’s conduct was indicative of the fact that the victim left her home by her own will without informing her parents and stayed with the accused for four days. The Court remarked that, undoubtedly, she was a minor however the facts indicated that she had sufficient knowledge and capacity to know the full import of her actions and had voluntarily stayed, travelled, and had a sexual encounter with the accused. In this regard, the Court relied on Sunil Mahadev Patil<\/span> v. State of Maharashtra<\/span> 2015 SCC OnLine Bom 6204<\/a>, wherein the Court held that consent of the minor prosecutrix was a mitigating circumstance for the Trial Court to consider, especially while dealing with bail applications.<\/p>\n

The Court reiterated that while deciding a bail application, the Court has to keep in mind that the principal rule of bail was to ascertain whether the accused was likely to appear before the Court for trial. Other broad parameters like the gravity of the offence, the likelihood of the accused reoffending while on bail, whether he would influence the witnesses and tamper with the evidence, and his antecedents, were also required to be considered in such cases. The Court added that there were multiple decisions of the Supreme Court and various other Courts favouring the release of young offenders on bail pending trial so that the regressive influences of the jail environment could be avoided and keeping in mind the principle of best interest.<\/p>\n

The Court remarked that it was crucial to consider whether the act between the parties was violent or otherwise, and in the present case, it was not. Other mitigating factors were that the accused had no antecedents and had been incarcerated for more than 5 years.<\/p>\n

Thus, the Court allowed the petition and granted bail to the accused upon furnishing a bail bond of Rs 15,000.<\/p>\n

[Vijay Chand Dubey v. State of Maharashtra, 2025 SCC OnLine Bom 329<\/a>, decided on 17-02-2025<\/span>]<\/p>\n\n

Advocates who appeared in this case :<\/p>\n

For the applicant:<\/span> Prem Kumar Pandey, Pavan Kumar Pande, Sneha Mishra and Kajal Mishra<\/p>\n

For the respondent:<\/span> Manisha Arjun Devkar<\/p>\n

Buy Protection of Children from Sexual Offences Act, 2012   HERE<\/a><\/h3>\n

\"protection<\/a><\/p>\n

Buy Penal Code, 1860   HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n<\/div>\n\n

1.<\/a> Section 137(2)<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a><\/p>\n

2.<\/a> Section 64<\/a> of the Bharatiya Nyaya Sanhita, 2023<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”<\/p>\n","protected":false},"author":67011,"featured_media":314919,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[2664,2569,42026,72092,23204,2572,78792],"class_list":["post-342134","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-Bail","tag-Bombay_High_Court","tag-consensual-relationship","tag-justice-milind-n-jadhav","tag-pocso","tag-Rape","tag-young-offenders"],"yoast_head":"\nBombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend | SCC Times<\/title>\n<meta name=\"description\" content=\"Bombay HC granted bail to 24-year-old accused of raping his then 14-year-old girlfriend, considering her sufficient knowledge\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2025\/02\/24\/bombay-hc-grants-bail-24-year-old-accused-raping-his-then-14-year-old-girlfriend\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"\u2018Victim had sufficient knowledge, full capacity to know import of her actions\u2019; 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Bombay HC grants bail to 22-year-old man accused of raping his 16-year-old girlfriend","author":"Editor","date":"February 17, 2025","format":false,"excerpt":"\u201cBoth the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.\u201d","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2024\/02\/Bombay-High-Court.webp?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":105041,"url":"https:\/\/www.scconline.com\/blog\/post\/2017\/02\/10\/bombay-hc-grants-bail-to-man-accused-of-raping-his-adoptive-daughter-says-the-victim-had-abnormal-sexual-instincts\/","url_meta":{"origin":342134,"position":1},"title":"Bombay HC grants bail to man accused of raping his adoptive daughter, says the victim had abnormal sexual instincts","author":"Saba","date":"February 10, 2017","format":false,"excerpt":"Bombay High Court: In this case before the High Court, victim was adopted when she was 9 years old by the accused after her mother succumbed to HIV. After her mother\u2019s death, she was living in a protective home from where she was adopted by the accused and his wife.\u00a0She\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":280021,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/12\/20\/pocso-accused-gets-bail-supreme-court-undertrial-prisoner-false-fir-legal-updates-research-news\/","url_meta":{"origin":342134,"position":2},"title":"22-year-old POCSO accused alleges false FIR filed due to property dispute; Supreme Court grants bail\u00a0","author":"Prachi Bhardwaj","date":"December 20, 2022","format":false,"excerpt":"The undertrial prisoner, accused of kidnapping and raping a 16-year-old, has been behind the bars for almost two and a half years.\u00a0","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/12\/MicrosoftTeams-image-24.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":286018,"url":"https:\/\/www.scconline.com\/blog\/post\/2023\/03\/03\/bombay-hc-grants-anticipatory-bail-to-auto-driver-in-pocso-matter-legal-research-legal-news-updates\/","url_meta":{"origin":342134,"position":3},"title":"Bombay High Court grants anticipatory bail to auto driver in a POCSO matter","author":"Ridhi","date":"March 3, 2023","format":false,"excerpt":"Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Bombay High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/03\/MicrosoftTeams-image-581.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/03\/MicrosoftTeams-image-581.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/03\/MicrosoftTeams-image-581.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2023\/03\/MicrosoftTeams-image-581.jpg?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":107931,"url":"https:\/\/www.scconline.com\/blog\/post\/2017\/02\/20\/bombay-hc-judge-clarifies-on-her-controversial-comment-referring-to-victim-of-sexual-assault-by-her-adoptive-father\/","url_meta":{"origin":342134,"position":4},"title":"Bombay HC Judge \u00a0clarifies on her controversial comment referring to victim of sexual assault by her adoptive father","author":"Saba","date":"February 20, 2017","format":false,"excerpt":"Bombay High Court: Justice Sadhna Jadhav had recently granted bail to a person accused of raping his adoptive daughter. While granting the bail, she gave the reason that the victim used to do 'all the dirty things' and she was 'inherently abnormal' and had 'sexual instincts right from her childhood'\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":257248,"url":"https:\/\/www.scconline.com\/blog\/post\/2021\/11\/18\/bail-and-not-jail\/","url_meta":{"origin":342134,"position":5},"title":"Megh HC | \u201dBail and not Jail\u201d Court grants bail to accused charge sheeted for raping own mother","author":"Editor","date":"November 18, 2021","format":false,"excerpt":"Meghalaya High Court: W. Diengdoh, J., allowed a bail application which was filed under Section 439 CrPC with a prayer for grant of bail wherein the petitioner was accused of raping his own mother. Accused who is the biological son of the Complainant\/victim raped her while she was in deep\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/342134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/67011"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=342134"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/342134\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/314919"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=342134"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=342134"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=342134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}