The Court granted bail to a 23-year-old man booked for kidnapping and raping a minor girl, after noting from the statement of the victim’s mother that the relationship was consensual.
The Protection of Children from Sexual Offences (POCSO) Act was not enacted to punish minors in a romantic or consensual relationship, the Bombay High Court observed while granting bail to a 23-year-old man who was booked on charges of raping a minor [Imran Iqbal Shaikh v. State of Maharashtra].
Justice Anuja Prabhudessai noted from the statement of the victim’s mother that the relationship between her daughter and the applicant-accused was a consensual one.
“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 stated.
The Court was hearing a plea filed by one Imran Shaikh, who was booked by the Mumbai Police for allegedly kidnapping and then raping a minor girl. However, the girl testified that it was a consensual relationship and that she had left her parents’ house on her own in December 2020 and wasn’t kidnapped.
However, her mother filed a kidnapping and rape case against the applicant, after which he was arrested in February 2021 and has been in jail since then.
While ordering the release of the applicant on bail, the Court said,
“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.”
