[POCSO Act] Man accused of raping minor niece granted bail by Bombay High Court

The Bombay High Court on Monday granted bail to a man from Pune accused of raping his minor niece 3 years ago [Balasaheb Ashok Kalbhor vs The State of Maharashtra]..Justice Vinay Joshi noted that the survivor, though a minor at the time of the incident, was close to the age of majority and understood the consequences of her actions. "The victim girl was at the verge of majority. She was college going girl thereby having sufficient ken of understanding. It is to be proved during the trial that they had physical relationship," the Court observed..The Court was considering the bail application of a man charged for offences of rape and criminal intimidation under the Indian Penal Code (IPC) and the Protection of Children from Sexual Offences (POCSO) ActThe complaint was filed when the girl, upon returning home late one day, disclosed to her mother that after college, her uncle took her to a lodge and sexually assaulted her. She then revealed that two such incidents had already taken place a few weeks ago.Advocate Sana Raees Khan on behalf of the accused informed the court that the relationship between the accused and the minor girl was a consensual one. Text message conversations between the two were submitted to support the argument. On the other hand, Advocate Balasaheb G Ligade opposed the bail application on the ground that since the survivor was a minor, her consent had no value in the eyes of law.The Court noted that the survivor disclosed two prior instances to her mother only when she disclosed the third one. It, therefore, concluded that there was substance in the contention that the intimate relationship was a consensual one. "Apparently, on earlier occasions despite sexual assault, she has not disclosed the things to anybody. Therefore, there is substance in the submission that both have intimate relationship. No doubt, minor’s consent assumes no significance. However, prima facie, it is evident that it is not a case of force or use of compulsion for the alleged act," it held.Thereafter, given that the accused had spent three years in jail without charges being framed against him, and that the trial would take a significant length of time to complete, the court considered it appropriate to grant him bail.It, therefore, released him on bail subject to furnishing a personal bond of ₹25,000 with one or two sureties in the like amount.He was also directed to attend the concerned Police Station on every alternate Sunday in between 10.00 a. m. to 12.00 noon till conclusion of trial..[Read Order]