Mumbai: The Bombay High Court has granted bail to a young man accused of kidnapping and raping a minor girl, citing the girl's "sufficient knowledge" and capacity to understand her actions, as well as evidence suggesting a consensual relationship. The accused, who had been incarcerated for over five years, was released on a personal bond of Rs 15,000.

The case involved a 14-year-old girl who left her home in Malad in November 2019, claiming she was visiting her married sister in Andheri. After four days without contact, her father discovered her with the accused, then 19, at Juhu Chowpatty and filed a First Information Report (FIR) alleging kidnapping and rape under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code.

However, the court noted significant discrepancies between the father's FIR and the girl's statements. The girl, in her statements and medical examination, indicated a two-year-long love relationship with the accused and described a consensual encounter. She also acknowledged leaving home willingly and staying with the accused for four days.

“The conduct of the prosecution in this case is indicative of the fact that she left her home without informing her parents by her own will and also stayed with [the accused] for 4 days,” Justice Milind Jadhav said on February 17. “No doubt that the prosecutrix under the purview of POCSO Act is a minor, however the facts of the present case indicate that she had sufficient knowledge and capacity to know the full import of her actions and what she was doing and had only thereafter voluntarily joined and stayed with the Applicant for 4 days.”

The judge also highlighted that the girl and the accused were known to each other, as he worked at the same hotel as her father. The hotel owner had even warned the accused about his relationship with the girl.

While acknowledging the stringent nature of the POCSO Act, the court emphasised the importance of considering bail to secure the ends of justice. The court also took into consideration the length of the accused's incarceration, the lack of violence in the alleged act, and the absence of any prior criminal record.

The girl was missing from November 19 to 25, 2019. The accused was arrested on November 25 and has been in custody for 5 years 2 months and 23 days.

“It is crucial to consider whether the act between the parties is violent or otherwise and in the present case it is not. Another mitigating factor is whether there are any criminal antecedents of the Applicant which in the present case are none,” the court stated.

The court imposed conditions for bail, including a personal bond, cooperation with the trial, attendance at all court dates, and restrictions on leaving Maharashtra without permission or influencing witnesses.