In a recent development, the Nagpur bench of the Bombay High Court has granted bail to a man accused of raping a minor girl, asserting that the alleged sexual relationship between the two seemed to be based on a love affair rather than lust [Nitin Damodar Dhaberao vs State of Maharashtra].
Single-judge Justice Urmila Joshi-Phalke noted that, despite the girl being a minor, she left her parents’ house voluntarily, as indicated in her statement to the police. The minor had also confessed to a “love relationship” with the accused in her police statement. The court considered the fact that she willingly stayed with the accused at various locations and did not express any grievances of being forcefully taken away.
The bench opined that it appeared the two individuals came together out of a love affair, given that both were of a tender age, with the applicant being 26 years old. The court expressed that the alleged sexual relationship seemed to be a result of mutual attraction between the two young persons, rather than an instance where the applicant subjected the victim to sexual assault out of lust.
According to the prosecution’s case, the applicant resided in the neighborhood of the 13-year-old girl at the time of the incident. On August 23, 2020, the girl left her house on the pretext of borrowing a book from her classmate and did not return home. After searching for her in the vicinity, the family filed a First Information Report (FIR) with the Anjangaon Surji Police Station in Amravati district.
Subsequent investigations revealed that the girl had left her house willingly and was with the applicant. They were traced to Bangalore, and upon their return, the applicant was arrested on August 30, 2020, remaining in custody since then. The criminal case against him included charges of rape under the Indian Penal Code and offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The applicant argued before the High Court that the girl had left her house voluntarily, and there was no forceful sexual act involved. The State, on the other hand, contended that the case was heinous, and since the girl was a minor, her consent to the sexual relationship was invalid. The State opposed leniency for the accused applicant.
Considering the facts of the case and the lack of progress in the trial since the chargesheet was filed in 2020, the court granted bail to the applicant. The bail was subject to certain conditions, with the court stating that further incarceration was unnecessary, and no purpose would be served by keeping him behind bars. Advocate SS Jadhav represented the applicant, while Assistant Public Prosecutor AR Chutke represented the State. Advocate Deepali P Shahare was appointed to represent the minor girl.
