Bombay HC suspends sentence of man convicted of raping minor cousin

The Bombay high court (HC), while observing that as the minor in a Protection of Children from Sexual Offences (Pocso) Act case has resiled from her statement in the first information report (FIR), and as the forensic lab report to prove sexual assault was not available till the conclusion of the trial, has suspended the sentence and allowed bail to a 19-year-old man who was convicted for sexually assaulting his 15-year-old cousin who was staying at his home

The Bombay high court (HC), while observing that as the minor in a Protection of Children from Sexual Offences (Pocso) Act case has resiled from her statement in the first information report (FIR), and as the forensic lab report to prove sexual assault was not available till the conclusion of the trial, has suspended the sentence and allowed bail to a 19-year-old man who was convicted for sexually assaulting his 15-year-old cousin who was staying at his home.

The court observed that consensual sex with a minor has been in a legal grey area because the consent given by a minor is not considered to be valid in the eyes of the law. (Getty Images/iStockphoto)

The court observed that consensual sex with a minor has been in a legal grey area because the consent given by a minor is not considered to be valid in the eyes of law. It also considered that as the survivor had retracted her statement and her mother had also been unfriendly during the trial, the issues would be decided in the hearing of the appeal against the conviction. Till then, the sentence of the man would remain suspended and granted him bail.

A bench of justice SK Shinde, while hearing an interim application in an appeal which challenged the conviction of the 19-year-old Sanpada resident, was informed by senior advocate MS Mohite that the statement made by the survivor of the sexual assault had been retracted and hence, the sentence should be suspended till the appeal against the conviction was heard.

The court said that the contention of the prosecution that there was presumption of culpability and mental state of the convict while committing the offence, the same would have to be dealt with in the appeal and allowed the man to be released on bail.

According to the complaint lodged by the teacher of the survivor in March 2018, the minor seemed depressed and disclosed to the teacher that her cousin had sexually assaulted her.