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Synopsis

The Delhi High Court recently allowed bail to a man against whom allegations had been leveled of aggravated penetrative sexual assault under the Protection of Children from Sexual Offenses Act, 2012, and rape under the Indian Penal Code. The court said that the case appeared to be consensual.

A bench of Justice Purushaindra Kumar Kaurav, however, stressed, "This court is not oblivious of the fact that the consent would not absolve the applicant from the rigour of Section 375 (rape) of the IPC when the prosecutrix is under 18 years of age."

The order has been passed in a bail application filed by one Bharat who was accused of committing the offences under Sections 363 (kidnapping), 366 (Kidnapping, abducting woman to compel her for marriage), 376 (punishment for rape), 323 (voluntarily causing hurt), and 384 (extortion) of the IPC and Section 6 of POCSO.

It may be noted, the victim in the case is the niece of the accused. Counsel appearing for the accused informed the bench that the accused is aged about 19 years and he, being under bona fide believes that the prosecutrix is also major, developed friendly relations with her.

The counsel for the accused further submitted before the bench that even the prosecutrix in her statement before the police had accepted that she joined the company of the accused as per her own will, however, later on, on account of the pressure being built up by her family members, she made allegations against him including the allegation of extending threat etc.

Whereas, the Additional Public Prosecutor objected to the bail application while placing reliance on the status report. APP submitted that the charges were framed on the basis of the statements submitted by the prosecutrix and the certified copy of her school register reflected her year of birth as 2005.

The APP also informed the bench that the prosecutrix had stated that the accused called her telephonically and told her that they both would elope from home on the following day and extended threats as well if she would not accept his proposal.

He further informed that "the victim on account of the threat had taken some money from her home and went to the house of the friend of the accused in Raghubir Nagar, Delhi where they stayed for the whole day and thereafter left for Haridwar and got married and came back. Later, the accused established physical relations with her". 

In view of the above, and after perusing the WhatsApp conversations and the photographs placed on record, the court noted that the instant case appeared to be consensual and therefore, granted bail to the accused on his furnishing a personal bond of Rs. 15,000.

The Case title has been withheld