The Bombay High Court granted bail to a 23-year-old man who was charged with kidnapping and raping a minor girl after determining, based on the victim’s mother’s statement, that the relationship between her daughter and the accused was consensual.
Justice Anuja Prabhudessai noted that the Protection of Children from Sexual Offences (POCSO) Act was not intended to punish minors in a romantic or consensual relationship.
“The Applicant was also a young boy of 22 years of age at the time of the incident. The statement of the first informant, prima facie indicates that the relationship was consensual. It needs to be noted that the POCSO Act has been enacted to protect children from offences of sexual assault, sexual harassment etc., and contains stringent penal provisions as to safe guard the interest and the well being of the children. The object is certainly not to punish minors in romantic or consensual relationship and brand them as criminals,” the order said.
A plea was filed by Imran Shaikh, who was booked by the Mumbai Police for allegedly kidnapping and raping a minor girl.
The Bombay High Court was hearing the case, and the girl testified that the relationship was consensual, and she had left her parents’ home on her own in December 2020, indicating that she was not kidnapped. However, the girl’s mother filed a case against Imran for kidnapping and rape, leading to his arrest in February 2021. He has been in custody since then.
While ordering the applicant’s release on bail, the court stated:
“The Applicant is in custody since February 17, 2021. The trial has not yet commenced and considering the large pendency, the trial is not likely to commence in immediate future. Detaining him further will bring him in association with hardened criminals which will also be detrimental to his interest.”
Read Entire Judgment: Imran Iqbal Shaikh Vs. The State of Maharashtra and Anr.
