The Bombay HC granted bail to POCSO accused, saying the victim understood the consequences of her actions

Case: Faizan Wahid Baig vs The State of Maharashtra

A 22-year-old man, arrested last year for allegedly raping a 15-year-old girl, was recently granted bail by the Bombay High Court.

In granting relief to the accused, the Court noted that the two were in a relationship, and the survivor, despite being a minor, understood the consequences of her actions.

According to the applicant's allegation, he raped the survivor at his aunt's house before threatening her not to tell anyone about the incident.

In her ruling, Justice Bharati Dangre noted that the survivor voluntarily accompanied the applicant to his aunt's house.

Even though her consent was immaterial since she was a minor if she voluntarily accompanied the applicant and admitted that she loved him, whether she consented to sexual interaction would be relevant.

The Court also held that the time gap between the incident and the girl's disclosure to her family was crucial since the girl could have disclosed it to the applicant's aunt, who she met shortly after the incident.

According to the Court, the young boy might be smitten by infatuation, and even though he may take the consequences of the accusations leveled against him, further incarceration is not mandatory.

As a result, the Court released the applicant on bail with the provision of a PR bond in the amount of Rs25,000 with one or two sureties in the same amount.