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The high court noted that the accused was of a tender age of 26, and the sexual relationship was out of attraction.
The Bombay High Court has granted bail to a man who was booked for raping a 13-year-old child.
The single judge bench of the high court at Nagpur comprising Justice Urmila Joshi Phalke noted that the accused was of a tender age of 26, and the sexual relationship was out of attraction.
“Thus it is apparent that, out of the love affair, she joined the company of the present applicant. The applicant is also of a tender age of 26 years and out of love affair they come together. It seems that, the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that applicant has subjected the victim for a sexual assault out of lust,” the order reads.
The accused had approached the high court seeking bail after an FIR was filed by the father of the victim under Sections 363, 376, 376(2)(n), 376(3) read with Section 34 of the Indian Penal Code and Sections 4, 6, and 17 of the Protection of Children From Sexual Offences Act, 2012.
In August 2020, the girl had left the house on the pretext of bringing back a book from a classmate, but when she did not return, after looking for her in the vicinity, an FIR was lodged with the police.
After the investigation, it was found that the girl had eloped with the accused to Bangalore and on their return, the accused was arrested.
The counsel representing the accused contended that she joined the company of the applicant, and there was no intention to commit a breach of any promise.
He added that there was no physical relationship between them, and the medical certificate also does not support any external injuries found on the person of the victim.
The Additional Public Prosecutor contended that, on the ground that the victim is only 13 years of age, her consent is not relevant. He said that though the victim left her house on her own, the applicant, who is a mature person, knew the consequences of his act and subjected her to forceful sexual intercourse.
The court, in its order, recorded that the victim, in her police statement, stated that she joined the company of the applicant and also admitted her love relationship with the accused.
Therefore, the court granted bail to the accused, noting that although the charge sheet was filed long back in the year 2020, there is no progress in the trial, and the trial will take its own time for final disposal.
Case title: Nitin Damodar Dhaberao vs State of Maharashtra
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