Bombay HC grants bail to man accused of raping minor after reports show her age to be 18 years

The advocates for Shaikh submitted that the story was concocted and fake, and said even if her allegations were assumed to be true, the relationship appeared to be consensual

The Bombay high court (HC) recently granted bail to a man who was accused and booked under relevant sections of the Indian Penal Code (IPC) and Protection of Children from Sexual Offences (Pocso) Act for raping a minor after the ossification report indicated the survivor’s age to be 18-19 years and not 14 years, as claimed in the complaint. The court also took note of the fact that the applicant and complainant had a consensual sexual relationship, and hence granted bail.

The Bombay high court also took note of the fact that the applicant and complainant had a consensual sexual relationship, and hence granted bail (File photo)

A single bench of justice PD Naik, while hearing the bail application, was informed by advocates Devendra Shukla and Hare Krishna Mishra that their client, Farahan Shaikh, was booked by Shanti Nagar police station in Bhiwandi under sections 376 (committing rape) and 506 (criminal intimidation) of the IPC and provisions of Pocso Act. The first information report (FIR) was lodged on January 2, 2019 and the applicant was arrested on January 14.

As per the complaint, the survivor had claimed she was 14-years old and she and Shaikh lived in adjoining buildings. She had come to know through an acquaintance that Shaikh intended to marry her and wanted to talk to her. However, after she turned down his proposal, Shaikh allegedly started to harass her. The complaint further stated Shaikh also sexually assaulted and threatened her to not disclose it to anyone.

The advocates for Shaikh submitted that the story was concocted and fake, and said even if her allegations were assumed to be true, the relationship appeared to be consensual. They further submitted that the survivor and her family members had suppressed her age while filing the complaint and sought bail for Shaikh.

Additional public prosecutor AA Takalkar, however, submitted that prima facie the documents on record indicated that the victim was a minor and the relationship was non-consensual. Opposing the bail plea, the police submitted that since the victim was threatened, it was a forcible sexual assault and arguments by the accused can be considered during trial.

After hearing submissions and examining the documents, the bench observed, “From the tenor of the FIR lodged by the survivor, it appears that according to her, there was a sexual relationship between the applicant and the survivor on the terrace on several occasions. Her version also reflects that once her brother had accompanied her.”

Justice Naik then observed, “There are discrepancies relating to documents regarding date of birth of the victim. The ossification test report on record indicates that the victim is aged about 18 to 19 years. Considering the factual aspects, the case for grant of bail is made out.”