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Synopsis

The Bombay High Court has recently granted anticipatory bail to a 17-year-old boy in a POCSO case registered against him for raping a 17-year-old girl.

A single judge bench of Justice Sarang Kotwal was hearing an anticipatory bail plea moved by a boy after an FIR was filed against him at Rabale Police Station, Navi Mumbai, on 03.01.2024.

The boy was charged under sections 4 (penetrative sexual assault), 8 (sexual assault) and 12 (sexual harassment) of the Protection of Children from Sexual Offences Act and Section 376 of the I.P.C.

The FIR was filed against the boy by the mother of the victim. It was alleged that the boy established physical relations with the victim against her wishes. Subsequently, it was found that the victim was pregnant.

Justice Kotwal in its order recorded that as per the victim’s statement, the sexual relation was consensual.

“The statement clearly indicates that, there was an element of consent. Of course, considering her age that consent may not matter, but at the same time, age of the applicant also cannot be ignored. He is also below 18 years of age and hence, a minor,” the order reads.

The investigating officer informed the court that the victim and her mother had decided not to oppose the anticipatory bail.

The high court noted that both the victim and the accused were appearing for the 12th standard board examination, and therefore, it was necessary to decide this application at the earliest to ensure that their studies were not affected.

Considering this, the high court granted pre-arrest bail to the 17-year-old, observing that it was in the interest of both the boy and the victim.

Case title: LMN vs State of Maharashtra