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While granting bail, the high court said there was no material on record to substantiate that the victim was a minor at the time
The Bombay High Court has recently granted bail to a man who was booked under the POCSO Act after noting that the relationship was consensual.
A single-judge bench of the high court comprising Justice RN Ladha was hearing a bail application filed by Akash Utam Vavalkar who was booked under Bharatiya Nyaya Sanhita, 2023 and Protection of Children from Sexual Offences Act, 2012.
The prosecution alleged under the pretence of marriage, Akash established a physical relationship with the victim on several occasions. However, Akaash reneged on his promise to marry the victim and began distancing himself to avoid further contact. At the time of the incident, the victim was 17 years and 9 months old.
Advocate Nishi Sanghvi, appearing for Akash, submitted that both of them engaged in a consensual relationship, and nothing is on record to show that at the relevant time, the victim was a minor. Further, the investigation has concluded, and nothing is to be recovered from the Akash. She added that Akash is ready and willing to comply with the conditions imposed by this court, including undergoing a medical examination.
Additional Public Prosecutor Supriya Kak and Advicate Harshada Morey, submitted that the applicant engaged in sexual relations with the minor victim by falsely promising marriage and that the offence is grave. However, the prosecutor acknowledged that the investigation had concluded, except for the applicant’s medical examination.
While granting bail, the high court said there was no material on record to substantiate that the victim was a minor at the time.
“Upon perusing the records, it appears that both the applicant and the victim were involved in a consensual relationship. Their relationship lasted from October 2023 to July 2024; however, the FIR was filed only in August 2024. The learned APP acknowledges that the investigation has concluded, except for the applicant’s medical examination, and nothing is to be recovered from the applicant. Furthermore, there is no material on record to substantiate that at the relevant time the victim was a minor,” the order reads.
Case title: Akash Uttam Vavalkar vs State of Maharashtra
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