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The Bombay High Court lately granted bail to a man accused of raping a minor on the grounds that there have been discrepancies associated to the victim’s age and in addition noticed that the accused and the sufferer had had ‘consensual sex’ in the previous.
The courtroom famous that the sufferer was not a minor as ossification report indicated that she was 18-19 years previous and never 14 as claimed in her criticism. The courtroom additionally noticed that there have been earlier cases of sexual relationship between the accused and the sufferer and the identical appeared to be consensual.
Granting bail to the accused, Justice Prakash D Naik famous, “There are discrepancies relating to the documents regarding date of birth of the victim. The ossification test report on record indicates that the victim is aged about 18 to 19 years. Considering the factual aspects, the case for grant of bail is made out.”
The criticism said that the sufferer was about 14 years previous. The accused resided in the constructing adjoining to her. She said in her criticism that one other resident had knowledgeable her that the accused supposed to speak to her and needed to marry her. The sufferer refused to settle for his proposal, after which the accused allegedly continued to harass her. As per her assertion, he sexually assaulted her and threatened her not to disclose the incident to anybody. The accused had a bodily relationship with the sufferer on a number of events, she mentioned. On January 2 final 12 months, the accused referred to as her at his residence the place his mother and father and sister had been current. He allegedly informed her that he wouldn’t marry her and his sister assaulted the sufferer, prompting her to lodge a criticism.
Counsels representing the accused argued that the fees had been ‘concocted’ and ‘fake’ and mentioned that even when her allegations are assumed to be true, the connection appeared to be consensual. They additional submitted that the sufferer and her members of the family had suppressed her age.
Additional Public Prosecutor A A Takalkar, nevertheless, submitted that prima facie the paperwork on file point out the sufferer was a minor and the connection was non-consensual. Opposing the bail plea, the police submitted that because the sufferer was threatened, it was a forcible sexual assault and arguments by accused might be thought-about through the trial.
© The Indian Express (P) Ltd
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