17-yr-old understands enough to consent to sex, observes HC

MUMBAI: Observing that a 17-year-old college student had sufficient understanding to consent to a sexual relationship, the Bombay high court recently granted bail to the girl’s uncle, who has been accused of raping her thrice in 2019 and booked under the Protection of Children from Sexual Offences (POCSO) Act based on a complaint filed by the minor’s mother. The HC said that the accused was in jail since March 2019 and charges were not framed. Besides, the trial will take time to commence hence it granted him bail on a personal bond of ₹25,000.

The single-judge bench of Justice Vinay Joshi, while hearing the bail application of the Punebased accused, was informed that the complaint was lodged at the instance of the mother.

According to the FIR, on March 21, 2019, after the girl was home late from college, the mother asked her the reason for the delay to which she said that her uncle picked her up from the college and took her to a lodge to sexually assault her.

The girl also disclosed that she had been similarly assaulted twice in January 2019. Appearing for the accused, advocate Sana Raees Khan argued that the relationship was a consensual one.

The court was also shown transcripts of mobile conversation chat to prove that it was an intimate relationship.

Khan further argued that if it was a case of forced sexual assault, the girl should have filed a complaint in January but as there was a delay of over two months, the complaint could not be relied upon. She also relied upon the medical reports which negated the possibility of forced sexual assault and sought bail.

Mother’s counsel Balasaheb Ligade submitted that as the girl was a minor her consent was of no consequence and sought rejection of the application.

After hearing the submissions, the bench observed, “The girl was at the verge of majority. She was a college-going girl, thereby having sufficient ken of understanding. It is to be proved during the trial that they had a physical relationship.”

“Apparently, on earlier occasions despite sexual assault, she (victim) has not disclosed the things to anybody. Therefore, there is a substance in the submission that both had an intimate relationship. No doubt, a minor’s consent assumes no significance. However, prima facie, it is evident that it is not a case of force or use of compulsion for the alleged act. The medical report nowhere suggests that any force was used,” it said.

THE BOMBAY HC GRANTS BAIL TO MINOR’S UNCLE ACCUSED OF RAPE