Minor's Consent For Sexual Intercourse Relevant For Deciding Bail Application Of 'Rape' Accused: Himachal Pradesh HC [Read Order]

The Himachal Pradesh High Court has granted bail to a man accused of 'raping' a minor girl on the ground that the girl had consented to the sexual intercourse.

"Although, she could not have consented for sexual intercourse as well as leaving custody of her custodian but for deciding the bail, her conduct is sufficient to grant bail to the petitioner", Justice Anoop Chitkara observed.

Twenty Year old Rohit Sharma had approached the High Court seeking regular bail on the grounds that the family of the girl forced her to lodge a false complaint to break their love affair.  The court noted that the victim had informed the police that she knew the accused for the last three – four months and was in touch with him through Facebook as well as phone. She also informed the police that, on 30th October, 2020 they participated in a marriage where the victim stayed with him where he indulged in sexual intercourse with her.  Taking note of this, the judge observed:

"The conduct of the victim clearly points out that she had initially gone with the petitioner up to Primary School and after having coitus with him did not reveal the fact to anyone and despite that after two - three weeks of her own voluntarily accompanied him. Although, she could not have consented for sexual intercourse as well as leaving custody of her custodian but for deciding the bail, her conduct is sufficient to grant bail to the petitioner."

The court added that an analysis of entire evidence does not justify further incarceration of the accused, nor is going to achieve any significant purpose. Usual conditions were also imposed.

Case: Rohit Sharma vs. State of Himachal Pradesh [ Cr.MP(M) No. 2001 of 2020]

Coram: Justice  Anoop Chitkara

Counsel: Adv Piyush Verma, AAG Nand Lal Thakur

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