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The Himachal Pradesh high court recently granted bail to a man accused of raping a minor girl on the ground that the girl had consented to sexual intercourse. Justice Anoop Chitkara observed that for granting the bail, her conduct is a sufficient condition to be considered before the court.
The accused, twenty-year-old Rohit Sharma approached the high court seeking regular bail because the girl was forced to lodge a false complaint against him by her family members. He claimed that he knew her well before the incident through Facebook and they talked for a period of three to four months. The girl also confirmed the statements later on. Further, the court also noted that on 3oth October they participated in a marriage where the victim stayed with him and performed the intercourse. As per the conduct of the victim, it was inferred that she had gone to primary school with him and did not reveal it to anyone. It was only later when the accused was arrested that she voluntarily accepted and said that the intercourse took place with her consent and it was not a rape. "Although she could not have consented for sexual intercourse as well as leaving custody of her custodian for deciding the bail, her conduct is sufficient to grant bail to the petitioner.”
The court further added that an analysis of the whole case revealed that the accused was not at fault and bail shall be given to him on the grounds that he did not force the victim for sexual intercourse and it was willingly done at the consent of both the parties. The family of the girl registered a false complaint against the man and accused him of raping their daughter. As a result, he was put under arrest for some time but when he approached the high court justice was served to him. Just because a girl is a minor does not imply that her consent is not relevant to the facts of the case and the consent of a minor must be taken into full consideration before deciding a case.
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