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HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MILIND N. JADHAV
Mohammed Ajaan Khan – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
[MILIND N. JADHAV, J. ]
1. This is an Application under Section 439 of CrPC, [Code of Criminal Procedure, 1973] seeking Regular Bail in connection with C.R. No. 300/2024 lodged at Wadala T.T. Police Station, Mumbai for offences punishable under Sections 376, 376(3) and 376(2)(n) of IPC, [Indian Penal Code, 1860] read with Section 4, 6, 8 and 12 of POCSO, [Protection of Children from Sexual offences Act, 2012].
2. This Court (Coram: Manish Pitale, J.) by order dated: 13.01.2024 issued notice to Respondent No.2 – prosecutrix and since she was not represented on the next adjourned date, this Court, by order dated 06.02.2025 appointed Ms. Gargi Warunjikar to espouse and represent the cause of the prosecutrix and stood over the matter today. Ms. Warunjikar has addressed me today so also learned Advocate for the Applicant, Mr. Mukte and Ms. Bajoria, learned APP.
3. Prosecution case in brief is that Applicant committed rape repeatedly on the prosecutrix for over a period of 15 months from January 2023 to April 2024. Applicant was 22 years old and prosecutrix was 16 years old on the date of filing of F.I.R,[First Information Report under Section 154 of CrPC]which is appended at page
The court determined that the relationship between the applicant and the prosecutrix was consensual, which influenced the decision to grant bail despite the prosecutrix being a minor.
The court held that a consensual relationship between a minor and an adult, in the absence of force, may warrant bail, emphasizing the importance of context and the nature of the relationship.
The court emphasized that the nature of the relationship between the accused and the minor was consensual, impacting the decision to grant bail despite the legal implications of the minor's consent.
The court emphasized a reformative approach for young offenders, prioritizing rehabilitation over punitive measures, especially in cases involving serious allegations against minors.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation, particularly in cases involving minors.
The court held that the prosecutrix's consent, despite being a minor, and the absence of coercion or violence justified granting bail to the Applicant.
The court ruled that while consent is immaterial under POCSO, the circumstances of the relationship and lack of coercion are critical in bail considerations.
The court held that the prosecutrix's voluntary actions and apparent consent, despite her being a minor, are significant in determining bail eligibility.
The court determined that the relationship between the Applicant and prosecutrix was consensual, leading to the granting of bail despite serious allegations.
The court emphasized a reformative approach for young offenders, balancing the seriousness of allegations with the potential for rehabilitation.
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