Bombay HC Grants Bail To Rape Accused To Appear For Board Exams

In a recent ruling, the Bombay High Court allowed pre-arrest anticipatory bail to a 17-year-old boy accused of raping a 17-year-old girl. The bail was granted so that the accused could appear for his Class 12th Board Exam and not hamper his studies. The court granted this bail while simultaneously stating that there was an element of consent in the act and that he was a minor whose education could not be hampered. 

As per the reports, the mother of the rape survivor registered an FIR against the boy at the Rabale Police Station in Navi Mumbai on January 3 for raping and impregnating her daughter. The boy was charged with the Protection of Children from Sexual Offences (POCSO) Act and other sections of the Indian Penal Code. The accused has been seeking bail since then to appear for his Board Exams.

There was consent from both minors: Judge  

During the hearing, the bench headed by Justice Sarang Kotwal examined the survivor's statement recorded before the magistrate under section 164 of the CrPC. Following this, the judge said that the case was unfortunate but the consent of the two minors was minors was involved. He said, "The statement (of the girl) clearly indicates that there was an element of consent. Of course, considering her age, that consent may not matter, but at the same time, the age of the accused also cannot be ignored. He is also below 18 years of age and hence, a minor."

The survivor pleaded that the accused should be granted anticipatory bail

Moreover, the survivor reportedly submitted a letter to the Investigating Officer pleading that the prosecution should not oppose the anticipatory bail of the accused. The letter was submitted on February 4 and was presented in the court hearing.

The court noted that both the survivor and the accused are going to appear for their Class 12th Board Exam and granting the anticipatory bail is necessary so that no one's education is hampered. 

Consequently, the court granted the pre-arrest anticipatory bail to the boy. However, the judge said that the accused should cooperate with the investigation and go for a medical examination. He further directed the Investigating Officer to keep the survivor within the loop of the investigation so that she is aware of all the proceedings.