Mumbai: The Bombay High Court has granted bail to a 20-year-old youth arrested for allegedly raping a 16-year-old girl after both of them told the court that they were in a relationship and would like to get married. The accused was arrested on February 21, 2013 by the Nalasopara police after receiving a complaint from the girl's mother that her daughter was missing.
The girl, a Class 10 student, had gone missing on February 18 and was found with the accused three days later. The girl, who is six months' pregnant now, told the police that she and the accused were in a relation since childhood and had given her consent for sexual relationship. The accused was, however, booked for rape under IPC as the consent of a minor girl (below 18 years of age) is not considered as consent given in law. He then approached the High Court seeking bail and said that he wanted to be with the girl during delivery of their child.
Justice Sadhana Jadhav, while granting bail recently, observed that the applicant has not denied paternity of the child. "Even the mother of the victim had earlier filed an application seeking to quash the complaint against the applicant so as to get them (victim and accused) married. In these circumstances, the applicant has made out a prima facie case for bail," the court said. The accused has been granted bail on a surety of Rs 15,000.
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