The Nagpur Bench of the Bombay High Court granted bail to a man who had been accused of raping a minor girl. The court observed that they had an affair, and the sexual relationship was out of a love affair and not lust.
Single judge Justice Urmila Joshi Phalke said that according to the minor’s statement given to police, the girl had left her parents’ home at her own will, and she has admitted her “love relationship” with the accused. The judge also observed that the minor had not raised the grievance that the man was forcefully taking her away.
The Court said, “The applicant is also of a tender age of 26 years, and out of a love affair, they come together. It seems that the alleged incident of sexual relationship is out of attraction between the two young persons, and it is not the case that the applicant has subjected the victim to a sexual assault out of lust.”
The minor girl (13) had allegedly left the home on August 23, 2020, saying that she was going to bring a book from her classmate. She didn’t return, after which the family filed a First Information Report (FIR) at the Anjangaon Surji police station in Amravati district.
Police found that she was with the accused, Nitin Dhaberao (26). Both of them were in Bengaluru. After their return, the man was booked on August 30, 2020, and he has been in custody since then.
He was arrested under charges of rape under Sections 363, 376, 376(2)(n), and 376(3) along with Section 34 of the Protection of Children from Sexual Offenses Act (POCSO).
The 26-year-old man, who is the accused (applicant) in the case, told the bench that the minor girl had left the house at her own will and there was no force in the sexual act. The state, in this case, stated that it was a “heinous” crime and that since the girl is a minor, her consent to the sexual relationship is invalid.
The court noted that no progress in the trial was made, although the charge sheet in the case was filed in 2020.
Allowing bail to the applicant with conditions, Justice Joshi Phalke said his further incarceration was not required and no purpose would be served by keeping him behind bars.
The accused, Nitin Dhaberao was granted bail under certain conditions.
(Input from various sources)
(Rehash/Komal Bhoi)
