Rape Accused Gets Bail, High Court Says Girlfriend, A Minor, Knew Of Consequence

The bench, while granting bail to the accused, directed him to not establish any contact with the girl and to not even enter the same area as her residence in suburban Mumbai.

The Bombay High Court has granted bail to a 22-year-old man, arrested last year for allegedly raping a 15-year-old girl, noting the two were in a relationship and the girl, though minor, was capable of understanding the consequences of her act.

A single bench of Justice Bharati Dangre in the order dated November 15 also noted the girl had voluntarily accompanied the accused to his aunt's place where the alleged offence took place.

"It appears that the girl, though a minor, was capable of understanding the consequences of her act and she voluntarily accompanied the applicant (accused) to his aunt's place. Though she is a minor and her consent becomes immaterial, in a case like this, where she voluntarily joined the applicant and has admitted that she was in love with the applicant, whether she consented to the sexual intercourse or not is a matter of evidence," the bench said.

It added that whether the girl resisted the sexual act and at what point the accused forcibly committed sexual intercourse with her against her wishes will have to be determined at the time of trial.