“They stayed together as husband-wife”: Bombay HC Grants Bail To Married Man Booked For 16-yr-old's Rape, Sexual Assault

A Single Judge Bench of the Bombay High Court comprising Justice Prakash Naik has granted bail to one Sunny Premsingh Bike, who had been booked for kidnapping under the Indian Penal Code and aggravated penetrative sexual assault under the POCSO Act of a 16-year-old.

The case pertains to an FIR that was lodged on 18 June 2020 by the mother of the victim, who went missing after she had informed her parents that she is going to work. The FIR was lodged after the victim could not be traced. The victim was found with the present bail applicant on 27 August 2020, after which she was brought to the police station and her statement was recorded. Subsequently, the investigation was completed and a charge sheet came to be filed.

The court, after perusal of the statement of the victim girl, said that she was acquainted with the applicant. The court observed that on 18 June 2020 the victim sat on his motorcycle, thereafter, both of them went towards Wagholi village. The victim searched for premises with the applicant and she stayed with the applicant till they were found together. It is also stated that she wore Mangalsutra and the accused represented that they were married. The statement also showed that the applicant and the victim had a physical relationship on several occasions and that she stayed with the applicant as a wife, court observed.

The advocate for the applicant seeking bail further argued that the relationship was consensual and that the applicant has been in jail for more than a year. He also argued that the statement of the victim recorded under section 164 of CrPc did not show that the victim was forced to be in the relationship and that the victim was understanding of her age. In the rejoinder, the advocate also submitted before the court the applicant was trying to apply for anticipatory bail after which he was arrested.

The Additional Public Prosecutor argued that the consent of the victim was immaterial because the victim was a minor. The statement of the victim shows that the accused took her on a motorcycle without disclosing that they are going to someplace and thereafter they proceeded to some place, where there was a physical relationship, he submitted.

Moreover, the advocate for the complainant (Mother) argued that the victim was a minor and the material on record before the court showed that the accused was a married person having children and he was absconding.

The court while granting bail to the applicant noted,

“It is true that the victim is minor. She was aged around 16 years. Her statement indicates that she got acquainted with the accused. She left with him on 18.06.2020. She was taken to various places. They stayed together as husband and wife. They searched the room premises for stay. There was physical relationship between them on several occasions. Till the victim was traced she was in company of the accused. Considering these facts, the applicant need not be subjected to further custody”.