The judgement given by the Nagpur bench of Bombay High Court has left many in a puzzled and shocked state as it has granted bail to the 26 yrs old man who was charged with raping a 13-yr girl and was booked under Sections 363, 376, 376(2)(n), 376(3), Sec 34 of the IPC and Sections 4, 6 and 17 of the Protection of Children from Sexual Offences Act (POCSO).
As per the reports, Justice Urmila Joshi-Phalke granted bail to accused Nitin Dhaberao as the court felt that their alleged sexual intimacy was a result of their love and not of lust.
The father of the minor girl filed a police complaint against the accused after his daughter went out of the house on 23 August 2020, saying that she was going to get books but didn’t return. The girl also took some cash and jewelry from her house and they both stayed at various locations.
When the police found the girl, she told the police that she went with Nitin Dhaberao because she is in love with him and he has promised to marry her.
The judge stated, “As far as merit is concerned, admittedly, the victim is 13 years of age, and her consent is not relevant. She also joined the company of the applicant (accused) and admitted her love relationship with the applicant in her statement.”
The judge further added, “From her (minor’s) statement, reveals that she stayed along with the present applicant at various places and did not make any grievance as she was taken by the applicant using some force. Thus, it is apparent that, out of the love affair, she joined the company of the applicant.”
What do you think of this judgement?
