Bombay HC Grants Bail In POCSO Case, Says 25-Yr Old Accused Was Not A 'Predator' But A “Young Person” In Consensual Relationship With 16-Yr-Old

The Bombay High Court on Thursday (February 13) while granting bail to a 25-year-old man booked for raping a minor girl of 16 years for 15 months and impregnating her twice, said that he was not a 'sexual predator' but a young person, who was involved in a consensual relationship with the girl. 

Single-judge Justice Milind Jadhav noted from the statements of the girl, that she had a love relationship with the applicant - Mohammed Ajaan Khan, who was arrested in April 2024 after the girl's father lodged a First Information Report (FIR) under charges of rape and relevant provisions of the stringent Prevention Of Children from Sexual Offences (POCSO) Act.

 The judge noted that the girl became pregnant twice and that is when her parents learnt about her 'relationship' and therefore, held that Khan made out a strong case since a boy and girl of similar age were involved in a love relationship and the same does not warrant his further custody.

"The material placed before me do not indicate towards any force being engaged by Applicant over the prosecutrix during their relationship. The case appears to be consensual in nature that had come to the knowledge of her mother upon prosecutrix becoming pregnant not once, but twice. Applicant has made out a strong case for grant of bail since a boy and girl of similar age group involved in a long standing love relationship by consensus does not make it an offense of a nature to justify his custody, the Applicant is not a sexual predator but a young person who was involved in a consensual relationship which is admitted by the prosecutrix," the judge said in the order. 

Both the parties, Justice Jadhav said, were of the age to have a 'reasonable understanding' of the import of their conduct and despite that had engaged in the said act over a substantial period of time.

The judge, therefore, granted bail to the man on a surety of Rs 15,000.

According to the FIR, the girl was being raped for a period of 15 months, which she stated was a period of their 'love relationship' from January 2023 to April 2024. She stated that she got pregnant and it is that time when her mother learnt about her relationship and she underwent an abortion. Even after abortion, the girl met the applicant and indulged in sexual relationship. Further the mother sent her to a known woman, who could take care of her post her first abortion. 

Subsequently, the police located the girl and upon a medical test, she was found to be pregnant again with 5 weeks. The family then lodged an FIR against Khan, who was thereafter arrested. 

Appearance: 

Advocates Viral Mukte and Bilal Motorwala appeared for the Applicant.

Additional Public Prosecutor MS Bajoria represented the State.

Advocate Gargi Warunjikar was appointed to represent the Victim. 

Case Title: Mohammed Ajaan Khan vs State of Maharashtra (Bail Application 4621 of 2024)

Citation: 2025 LiveLaw (Bom) 63

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