Man Accused For Rape Of Minor Granted Bail By Bombay HC Based On Visits Paid By Survivor

Pune Rape Accused Granted Bail By HC: Bombay High Court granted bail to a 26-year-old man on September 1 who was accused of raping a minor. Reportedly, the bail was granted on the basis of the number of visits the survivor made to the accused’s house.

Justice Prakash D Naik heard the proceedings of the case and gave bail to the accused on Wednesday. The court order stated that at the accused's request, the survivor had visited the premises and in 2018 the accused had subjected her to sexual intercourse.

The order read, "Thereafter, on two occasions she had visited the residential premises of applicant and similar acts were committed. This indicates that the victim and the accused were in a relationship.”

Pune Rape Accused Granted Bail By HC: 10 Things To Know

1. The accused was identified as Vishnu Sitaram Sarode and was accused of raping a 16-year-old minor girl in December 2018, January 2019 and the early weeks of February 2019.
2. Charges against him also included stalking, assault and criminal intimidation of a minor.
3. A case was registered against Sarode on July 19, 2019. The survivor mentioned in the same that she was threatened to have intercourse with him.
4. Judge Naik said that the accused met with the minor rape survivor with the consent of each other. The case indicated that the couple were in a relationship, the Justice said and ruled the bail on the basis of the same.
5. Reportedly, the survivor had visited the residential premises of the accused on two occasions.
6. The defence lawyer of the accused Advocate Ganesh Gupta said during the trial that the relationship between Sarode and the survivor was consensual because the victim never raised an alarm on three occasions they indulge in sexual intercourse. "She kept on visiting the flat of the accused," he added.
7. Gupta added that the survivor made a seven months delay in lodging an FIR adding that the FIR was lodged "only after the parents came to know about this and they objected to their affair."
8. Gupta also argued on a point mentioned by the survivor that her attacker was married back in the time of the alleged assault. However, Gupta argued that the accused man wasn’t married back then.
9. Stating that the accused man is no longer needed to be kept in police custody, the High Court granted the bail to the accused on Wednesday while the order also mentioned that the consent of the minor girl under the Protection of Children from Sexual Offence (POCSO) Act is immaterial.
10. The survivor's pregnancy was terminated. Currently, a DNA test report is awaited in the case.

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