'Her Consent is Not Relevant...': Bombay HC Grants Bail to Man Arrested for 'Sexually Abusing' 13-yr-old

The Nagpur bench of the Bombay High Court granted bail to a 26-year-old man arrested for raping a 13-year-old girl, stating that they had a love affair and the alleged sexual relationship between the two appeared to be “out of love” and not “lust”.

The accused, Nitin Dhaberao, was granted bail in the case filed by the father of the minor girl.

According to an India Today report, Justice Urmila Joshi-Phalke of the Nagpur bench ruled that the girl stated that she had voluntarily stepped out of her house and that the accused was also “of a tender age of 26 years and out of love affair, they come together”.

“It seems that the alleged incident of a sexual relationship is out of the attraction between the two young people, and it is not the case that the applicant has subjected the victim to a sexual assault out of lust,” the court observed.

The father of the victim had filed the case against the accused, Nitin, alleging that his 13-year-old daughter had gone out of the house on August 23, 2020, on the pretext of bringing books, but did not return.

She also told the police that the accused had promised to marry her. The girl then took ornaments and cash from her house and went along with Dhaberao, and the duo stayed at various places together.

While granting bail, Justice Joshi-Phalke said, “As far as merit is concerned, admittedly, the victim is 13 years of age, and her consent is not relevant. She also joined the company of the applicant (accused) and admitted her love relationship with the applicant in her statement.”

“From her (minor’s) statement, reveals that she stayed along with the present applicant at various places and did not make any grievance as she was taken by the applicant using some force. Thus, it is apparent that, out of the love affair, she joined the company of the applicant,” the court further stated.

The accused, Nitin was booked under Sections 363, 376, 376(2)(n), 376(3) along with Section 34 of the Indian Penal Code and Sections 4,6 and 17 of the Protection of Children from Sexual Offences Act (POCSO).