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Judiciary

Minor’s Consent for Sexual Intercourse Relevant for Deciding Bail Application of ‘Rape’ Accused: Himachal Pradesh HC [READ ORDER]

By M V Manasa      17 November, 2020 01:19 PM      0 Comments
Sexual Intercourse Relevant Bail Himachal Pradesh

Bail was recently granted to a man accused of raping a minor girl by the Himachal Pradesh High Court on the ground that the girl gave consent to the sexual intercourse.

Justice Anoop Chitkara observed that, “Although, she could not have consented for sexual intercourse as well as leaving custody of a custodian but for deciding the bail, her conduct is sufficient to grant bail to the petitioner.”

Accused Rohit Sharma, 20 years old, approached the High Court seeking regular bail on the grounds that the family of the minor girl has forced her to lodge a false FIR to break their relationship . The Court further noted that the victim informed the police that she knew the accused and was in touch with him from last 3-4 months through Facebook and as well as phone. She even informed that on 30 October, 2020 they participated in a marriage where the victim stayed with the accused and they both got indulged in the sexual intercourse.

On this note, the Judge observed that, 

“The conduct of the victim clearly points out that she had initially gone with the petitioner up to Primary School after having coitus with him did not reveal the fact to anyone and despite after two-three weeks of her own voluntarily accompanied him. Although, she could not have consented for sexual intercourse as well as leaving custody of a custodian but for deciding the bail, her conduct is sufficient to grant bail to the petitioner.”

The court also added that an entire evidence analysis does not give any justification for the incarceration of the accused, nor is going to achieve any significant purpose. Usual conditions were also imposed.

 

[READ ORDER]



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