The Bombay High Court granted anticipatory bail to a 17-year-old boy accused of raping a 17-year-old girl, noting they would both take their Board exams this academic year. The court granted the relief while also noting that "there was an element of consent" in the act.The court went through the statement of the rape victim recorded before a magistrate under section 164 of the CrPC and granted the accused the sought relief.Noting it was an "extremely unfortunate case", Justice Sarang Kotwal said, "The statement (of the girl) clearly indicates that there was an element of consent. Of course, considering her age, that consent may not matter, but at the same time, the age of the accused also cannot be ignored. He is also below 18 years of age and hence, a minor."The 17-year-old accused was seeking anticipatory bail in the case of rape registered at Rabale Police Station in Navi Mumbai on January 3. The case was filed under the Protection of Children from Sexual Offences (POCSO) Act and charges under the Indian Penal Code were also invoked.The case was lodged by the survivor’s mother as an alleged incident of rape which had caused pregnancy.During the hearing, notably, the investigating officer (IO) of the case submitted a letter dated February 4, handed over to him by the victim for the purpose of producing it in court. The investigating officer also informed the court that the victim had expressed her wish that the prosecution not oppose the grant of anticipatory bail of the accused.The court noted that the victim, as well as the accused, are appearing for the Board Examination of class 12th , therefore, it is necessary to decide the anticipatory bail application at the earliest, so that their studies are not hampered.The anticipatory bail application was then allowed by Justice Kotwal. The court also asked the IO to inform the victim about the order as he was present in court. Justice Kotwal directed the accused to cooperate with the ongoing investigation and undergo medical examination.
TAGS: Bombay High court Rape Case Board Exam bail Accused
