Read Time: 04 minutes

Synopsis

The Bombay High Court denied bail to a man accused of raping a minor after he failed to produce the Nikahnama certificate before the court.

A single-judge bench presided over by Justice GA Sanap heard a bail application filed by the man, who faced charges under the IPC and the POCSO Act for committing penetrative sexual assault on a minor.

Advocate Khalid Mujjar, representing the applicant, argued that there was a love marriage between the accused and the victim, emphasizing that the sexual act was consensual.

Mujjar pointed out that the marriage of a Muslim girl who has attained the age of 15 years is voidable and not void.

The Additional Public Prosecutor representing the State Government submitted that, given the age of the victim, the defence of consensual act could not be entertained at this stage. He further argued that considering the nature of the offence, it was not a fit case for bail.

Advocate Advait Sethna, representing the victim, submitted that the applicant had not pleaded that there was a marriage between him and the victim before the lodging of the FIR.

He pointed out that the applicant had not even mentioned in his application that they got married according to Muslim Law.

 Furthermore, Sethna argued that the applicant did not plead or prima facie establish the same by producing the Nikahnama.

The high court declined to grant bail to the applicant, noting that the victim, in her statement, asserted that she was subjected to penetrative sexual assault against her consent.

“The victim in her statement has consistently stated that she was subjected to penetrative sexual assault against her consent. In my view this statement of the victim that she was subjected to sexual assault against her consent and wish will have to be taken into consideration at this stage for the purpose of deciding the bail application,” the order reads.

Case title: Mr. Ekrar @Ikrar Abrar Khan vs State of Maharashtra & Anr