- In Rohit Sukate vs State of Maharashtra the Bombay HC has granted bail to a rape accused after noting that the 16-year-old victim knew about the consequences of her actions and that the accused had used a condom while engaging in intercourse with her.
- The accused in the instant case was arrested on 9 September, 2019 and had been in custody since then. The applicant/accused was a friend of the victim’s brother and was acquainted with the victim.
- The prosecution had alleged that on 19 May, 2019, the accused had called her behind her house and had forcible sexual intercourse with her, saying that he loved her and would marry her. After this incident, there were various other incidents where the appellant had intercourse with the victim.
- Ultimately, the matter came to the knowledge of the informant in the first week of September, 2019, after which the complaint was lodged.
- The Counsel for the appellant argued that the victim, though a minor, knew of the consequences of her acts. The statement of the victim as well as the medical history rules out the possibility of forceful intercourse. On the other hand, it could be seen that the relationship was consensual.
- The learned APP, on the other hand, argued that the victim was a child within the meaning of the POCSO Act and thus, her consent is immaterial. It was also submitted that the applicant had taken advantage of the acquaintance and had sexually abused the victim.
- After taking into consideration the circumstances of the case, the Court observed that though the victim was indeed a child within the meaning of the POCSO Act, it is important to note that the victim had attained the age of 16 years and 6 months, and ought to be aware of the nature and the consequences of her actions.
- The Court further observed that there were circumstances to show that there was no element of coercion at the instance of the applicant in having physical relations with the accused. The Court also noted that the applicant had used condoms during the relationship.
- Thus, the application for the grant of bail was allowed, and the applicant was released on a 25,000/- bond with one or two solvent sureties.
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