In a bizzare observation, the Bombay High Court recently granted bail to a rape accused, saying that both the boy and girl were ‘feeling amorous’ and, thus, the ‘inevitable happened.’
A bench of Justice Prithviraj Chavan was dealing with a bail application filed by a boy, who was booked for raping and kidnapping a minor girl.
According to the prosecution case, the boy and girl left their homes in February this year and visited various places such as Delhi, Goa, Bangalore and even Rajasthan within a week's time.
At these places, the prosecution claimed, the boy attempted to have forcible sexual intercourse with the girl, however, she refused thrice. She claimed to have refused to maintain a sexual relationship on the ground that the duo haven't attained legal age and also they haven't married yet.
Trashing the prosecution case, the boy argued that this was a case of a love affair that went sour. He claimed to have been booked by the girl's parents because he belonged to a lower caste.
Having considered the submissions, Justice Chavan said, "Prima facie, it is a case of consensual intercourse. It is quite obvious that both were feeling amorous, so the inevitable happened."
"There is every reason to construe that merely because the boy and the girl belong to different castes, her father did not like him, as he belonged to a lower caste," Justice Chavan noted.
The judge, further said that there are no reasonable grounds to believe that the
boy had committed the offence. "There is nothing on record to construe that in case of his release, he would abscond or would influence the victim or her parents. Looking at his tender age and the fact that he has no criminal antecedents, he is entitled to be released on bail," the judge held.
source https://www.freepressjournal.in/mumbai/both-were-feeling-amorous-and-the-inevitable-happened-says-bombay-hc-granting-bail-to-a-rape-accused
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