They were in a relationship: HC grants bail to man accused of raping minor
On two occasions she had visited the residential premises of applicant and similar acts were committed. This indicates that victim and the accused were in a relationship, reads the court order
PUNE A man accused of sexually assaulting a minor has been granted bail by the Bombay High Court on August 26.
The 16-year-old girl, in her complaint, alleged that she was threatened into having intercourse with the man, 10 years her senior.
The order was passed by Justice Prakash D Naik on August 26 in the presence of assistant public prosecutor SR Agarkar and defence lawyer advocate Ganesh Gupta.
A girl lodged a complaint at Manchar police station and subsequently a case was registered on July 19, 2019.
The case was registered against the accused, Vishnu Sitaram Sarode, who was 26-years of age at the time, for stalking, sexual assault, and criminal intimidation of a minor.
“On perusal of the complaint/FIR, it is apparent that the complainant/victim had alleged that accused was stalking her in December 2018. At his request she had visited the premises and in 2018 the accused had subjected her to sexual intercourse. Thereafter, on two occasions she had visited the residential premises of applicant and similar acts were committed. This indicates that victim and the accused were in a relationship,” read the concluding part of the order.
After December 2018, the girl was raped again in January 2019 and the early weeks of February 2019 as well, according to her complaint.
The complaint by the teenager alleges that the man had threatened to kill her if she did not comply.
Upon getting pregnant, in order to terminate the pregnancy, the man had advised her to eat papaya. Her grandmother asked her why she was doing so. The girl then revealed the series of events to her grandmother, according to advocate Gupta.
“Looking at the tenor of FIR and even after cursory perusal of chargesheet it can be easily inferred that the relationship between the accused and victim was consensual, because on three occasions they indulge in sexual intercourse, but the victim never raised an alarm. She kept on visiting the flat of the accused. Apart from the above there is a delay of seven months in lodging the FIR which implies that the FIR is lodged only after the parents came to know about this and they objected to their affair,” said Gupta.
The defence lawyer also told the court that the girl had claimed that the man was married when he abused her. However, Gupta told the court that he was single, and not married, at the time.
The teenager’s pregnancy was terminated, and a DNA test report is awaited. However, the High Court has announced that it is not necessary to keep him in custody any longer. The order itself mentions that under the Protection of Children from Sexual Offence (POCSO) Act a minor’s consent is immaterial in such cases.