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HC grants bail in rape case over age evidence doubts
2 Dec
Summary
- Bombay HC suspended a 15-year rape sentence for a 28-year-old man.
- The court cited doubts in the survivor's age evidence for its decision.
- The ruling noted inconsistencies regarding the survivor's date of birth.
The Bombay High Court recently suspended a Pune sessions court's conviction of a 28-year-old man, who had been sentenced to 15 years of rigorous imprisonment. The original judgement from March 23, 2022, found him guilty of repeatedly raping a 17-year-old girl over a five-month period before August 14, 2018. The man has been granted bail by the HC bench, which noted prima facie substance in the defense's argument regarding inconsistencies in the survivor's age evidence.
The court highlighted that the survivor's cross-examination indicated she was a consenting party to the sexual relations, characterizing the situation as a "love affair." Given that the convict's appeal is unlikely to be heard soon, the sentence was suspended, and bail was granted. The convict had already spent over three years in prison since his conviction and sentencing.
The case initially came to light when the girl's mother discovered her daughter was five months pregnant. A police complaint was lodged on August 14, 2018, leading to the accused's arrest. Investigations, including DNA tests, confirmed the paternity. The Pune court had tried the accused under both the Indian Penal Code and the Protection of Children from Sexual Offences (Pocso) Act.
