Bombay HC Grants Bail To Man Convicted Under POCSO; Cites Consensual Relationship And Complainant’s Subsequent Marriage

Mumbai: In a move highlighting the complexities of consent and age in legal proceedings, the Bombay High Court, on July 21, 2024, granted bail to a man who was convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and sentenced to 20 years of rigorous imprisonment.

Court Notes Prima Facie Case Of Consensual Relationship

The court noted that prima facie it appeared to be a consensual relationship, with the man’s parents taking care of their child, and the complainant having married another man.

Complainant Was 17; Later Married Another Man

The prosecution's case revolved around the complainant, who was 17 years and one month old in April 2020 when she was allegedly taken to Londhe's house. The couple later had a daughter, and a subsequent dispute led to the filing of the FIR.

Child From Relationship Lives With Accused’s Parents

The man’s advocate, Kunal Shirgire, argued that the relationship was "purely consensual" and questioned the prosecution's proof of the victim's age with admissible documentary evidence. He also pointed out that the daughter born from their relationship now lives with the man's parents, and the complainant herself is remarried.

Complainant Admitted To Marriage, Called It 'Love Relationship'

During cross-examination, the complainant admitted to a "love relationship" with the man and stated that she "willingly married the Applicant and they were residing together after getting married." She further confirmed that their marriage was performed according to their customs, and her mother had even told her to "reside happily with the Applicant."

While granting bail, Justice Sarang Kotwal, observed, "All these admissions clearly go to show that the Respondent No.2 (Complainant) had willingly married the Applicant and they were residing together after getting married. The Respondent No.2 gave birth to her daughter after their marriage. It was a purely consensual relationship."

HC Cites Irreparable Loss If Bail Denied

Considering the daughter's custody with the man’s family, the complainant's remarriage, and the potential "irreparable loss" to his life if bail were denied, the Court found it appropriate to grant bail. The HC directed his release on furnishing a bond of Rs 25,000. He has also been directed not to contact the victim.