According to the prosecution case, the victim was 16 years and 6 months of age at the relevant time when the FIR was lodged by her father.
The accused was victim’s friend’s brother and was acquainted with him.
In May 2019, the victim stated that the accused had called her behind her house where he forcibly raped her on the pretext that he was in love with her and wanted to marry her.
This continued for a few months and eventually, the victim’s father learnt about the relationship and filed an FIR against the accused.
Advocate Paras Yadav, appearing for the accused, pointed out that the victim though a minor, had attained an age which made her capable of understanding the nature and the consequences of the act. He further relied upon the medical reports of the victim, which he said indicated that the relationship was consensual.
Countering the contentions, additional public prosecutor AR Kapadnis argued that the victim was a “child” within the Protection of Children from Sexual Offences (POCSO) act and that the accused abused her sexually on multiple occasions.
The Court accepted the contentions of the accused and proceeded to grant bail to him.
Source: Barandbench
