'Even If She Is A Major, Are You Entitled To Commit Sexual Offence?': Supreme Court To Rape Accused Seeking Bail

"Are you entitled to commit sexual offence against even a major? Even if she is Minor or major, are you entitled?" remarked Supreme Court on Friday while denying bail to a man accused of raping a minor girl.

The remark came in response to submissions made on behalf of the accused that the minor girl was a consenting party.

A Bench comprising CJI NV Ramana, Justice Surya Kant and Justice Hima Kohli was hearing a special leave petition filed by the accused challenging order of the Rajasthan High Court refusing to grant him bail

The petitioner is alleged to have established sexual relations with a minor girl whose age is 16 years. However according to the girl's father the girl is 14 years old. 

During the hearing the Counsel appearing for the accused stated sought to cite different views prevailing in different high courts to support his contention that the girl was a consenting party

"You're arguing that girl was a consenting party. Is this what you want to argue before us? What was her age? Was she capable of giving consent?" the Bench asked.

"She was 16 years 1 month" the Counsel said.

" Please correct yourself. As per her father, her date of birth is 1 Jan 2007."

The Counsel submitted that according to the girl's school records her age has been found to be 16 years one month.

"16 or 17 years there's no question of granting bail in this matter." CJI Ramana said.

The Counsel for the accused further argued that in a similar case, bail was granted by Himachal High Court where girl was 16 years old.

"We are not concerned with the High Court, our views are very clear and consistent on this issue." Justice Surya Kant said.

" You unnecessarily complicating the case. You rape a girl, a minor and 3 months later you want a bail?" CJI said

"Are you entitled to commit sexual offence against even major? Even if she is Minor or major, are you entitled?" CJI remarked.

When the Counsel attempted to argue further, CJI said " Dismissed. Don't argue! Or we will impose costs, you're willing to pay?"

The present special leave petition has been filed challenging order of the Rajasthan High Court refusing to grant him bail

The High Court had observed that the contentions of the petitioner that sexual relations were consensual is not relevant because the victim being a minor, was not competent to give consent.

The High Court had however granted liberty to the petitioner to file a fresh bail application after the trial Court was done recording the statement of victim. 

Case Title: Devaram vs State of Rajasthan 

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