Bombay High Court Grants 'A Chance' To Rape Accused To 'Reform and Repent'; Grants Bail To Man Booked For Raping Minor Cousin

The Bombay High Court recently while granting bail to a 20-year-old man booked for raping his minor cousin, said it wants to give a chance to the accused to 'repent, retrospect' and 'be remorseful.'

Single-judge Justice Milind Jadhav said when the accused undertrials are 'young' then the courts must 'take a chance' by adapting to a 'reformative' approach instead of a 'punitive' approach.

The judge noted that the victim, an orphan was living in the house of the accused's parents in Mumbai's Wadala and there she was ravished on multiple occasions in April and May 2023 but she lodged a case only in August 2023 after confiding into one of her friends and her parents, who helped her register a case against the accused under the relevant provisions of the stringent Protection Of Children from Sexual Offences (POCSO) Act.

The applicant on the other hand, claimed that it was a 'consensual' relationship.

"Considering the age of victim and the difference in age between the victim and Applicant being 4 years only at the time of the incidents, there is every possibility that the nubile age of the parties may have led to multiple incidents," Justice Jadhav said in the February 7 order, adding, "Silence at the time of incidents and immediately thereafter is somewhat deafening. However, silence of the victim until August 2023 when she was otherwise behaving normal is what intrigues the Court."

There is also one theory propounded by her that she was dependent on the Applicant's family fully and hence she kept silent. However giving benefit of doubt to the victim for the same on the other side, I have the case of the Applicant before me, the judge noted. 

The judge, therefore, opined that further incarceration of the Applicant in prison would amount to giving him punishment before conviction. The judge noted that the Applicant's family comprised of his mother, who worked as a maid and his father and two elder brothers and the applicant himself, have been working in some private service. 

"Considering Applicant's age and if he is enlarged on bail, this Court is hopeful that Applicant's family will undoubtedly do their duty to make every effort and attempt to reform and aid the Applicant in leading a reformed life while on bail rather than keep him in prison and expose him to criminal outlook and life in prison. It is prima facie seen that the disadvantaged background of the victim being an orphan has exposed her to the vagaries of the situation in the present case. However on the flip side, if a chance is given to the Applicant because of his young age by enlarging him on bail, there is a possibility that he will be remorseful and repent in retrospect. This is a chance required to be taken by the Court because punishment has to be believed to be inflicted for a reformative result rather than being punitive in nature," the judge observed. 

While considering Bail Application in such facts, Justice Jadhav emphasised that "reform and rehabilitation" of the under trial accused needs to be considered especially when age of the accused is young so that the accused gets an opportunity / or is given an opportunity to reform, rehabilitate and earn his livelihood honourably from the perspective of social integration.

"This is a chance which the Court must take considering the young age of accused. By considering this Court is not stamping approval of any of the actions of Applicant regarding the crime in question. Court is also equally conscious of the offence," the judge maintained. 

Further, the judge said that if the applicant is kept in jail, there is every possibility that he might loose faith in the institution and society at large and may tread the path of criminality or would waste his life. Incarceration in prison statistically shows that it exposes many youth to abuse.

"There are several harms of incarceration which are inflicted disproportionately on the youth. This is the reason why this Court feels that any / every semblance of a chance towards a reformative approach in punishment should be adopted, especially in the case of young offenders. Hence every opportunity or to that extent risk should be constructively taken by the Court in the case of young offenders – accused before committing such accused to further custody and give such accused an opportunity to become a good citizen in the Society," the judge underscored. 

The bench, therefore, granted him bail on a surety of Rs 25,000.

Appearance:

Advocate Rahul Siddiqui appeared for the Applicant.

Additional Public Prosecutor Shilpa Gajare–Dhumal represented the State.

Advocate Huma Shaikh represented the Victim. 

Case Title: Ritik Millil vs State of Maharashtra (Bail Application 2732 of 2024)

Citation: 2025 LiveLaw (Bom) 54

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