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Synopsis

A single judge bench of the Bombay High Court comprising Justice MS Karnik has recently granted bail to a 23-year-old brother who was booked for raping her 16-year-old sister in 2019.

The high court was hearing a bail application filed by the brother who was booked under Section 376 of the Indian Penal Code and Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012.

The brother and sister, both of whom were orphaned, were residing with an acquaintance. The brother was arrested by the police in 2019 when the age of the brother was 23 and his sister was 16 years old.

The FIR was registered by the aunt of the victim who alleged that it was the brother who committed rape on her sister.

However, the victim in her supplementary statement said that along with her brother, the neighbour had also committed rape on her. The DNA report showed that the neighbour was a biological parent of the left fetal femur bone.

In August 2019 the Sessions Court granted bail to the neighbour who was booked for raping the 16-year-old orphan.

The court in its order while granting bail observed that the brother had been in custody for 4 and half years.

“The applicant and the victim were orphans living at the mercy of some acquaintances. The applicant is now in custody for more than 4 and ½ years. The charge has been framed but the trial is likely to take long time to conclude. There are no criminal antecedents reported against the applicant. The applicant does not appear to be a flight risk,” the court noted.

Case title: ABC vs State of Maharashtra