The Nagpur bench of the Bombay High Court has granted bail to a man accused of raping a 13-year-old girl, saying that they had a love affair and the alleged sexual relationship was not out of lust but out of attraction.
Justice Urmila Joshi-Phalke observed that the girl stated that she voluntarily left her house and stayed with the accused who is also of the 'age of 26 years old.
"It seems that the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that the applicant has subjected the victim to a sexual assault out of lust," said Justice Urmila Joshi-Phalke as per order.
Bail applicant Nitin Damodar Dhaberao was booked under sections 363, 376, 376 (2) (n), 376 (3) of IPC along with section 34 and sections 4, 6 and 17 of the POSCO Act.
The victim's father had reported his 13-year-old daughter missing at the police station in August 2020. After the police traced her, she said that she and the accused had a romantic relationship, and he had seduced her on the promise of marriage.
The Anjangaon Surji police of Amravati District filed a case and arrested the applicant on August 30, 2020. The charge sheet was filed on October 26, 2020.
APP AR Chutke, while speaking to the news agency ANI, said, "The court said that there is no progress in the trial, and the consent of a 13-year-old girl is immaterial. The court said that the statements recorded by the investigating officer indicate her voluntary departure from the house. The court concluded that the alleged incident appeared to have resulted from a consensual relationship between two young persons rather than a case of forced assault."
APP Chutke further said that the accused spent almost 3 years in jail since his arrest, which was also taken into consideration by the court while granting bail to the accused.
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