Granted bail to accused of raping a minor with her consent; Himachal Pradesh HC

Granted bail to accused of raping a minor with her consent; Himachal Pradesh HC

Himachal Pradesh High Court has granted a bail to a 20 years old Rohit sharma, who is an accused of raping a minor girl. While allowing the application, Justice Anoop Chitkara has observed that;

‘Although, she could not have consented for sexual intercourse as well as leaving custody of her custodian but for deciding the bail, her conduct is sufficient to grant bail to the petitioner.’

The Petitioner/Accused had approached the High Court to seek a regular bail on the grounds that the family of the girl was forced her to lodge a false complaint in order to break their love affair. In the plea, the victim has informed the police that she knew him since four months and was in contact with accused through phone & Facebook. Further, on 30th October, 2020 both were engaged in marriage and have indulged in sexual intercourse with her consent.

Taking note to this, the Judge has added that an analysis of entire evidence does not justify further incarceration of the accused, nor is going to achieve any significant purpose. And has released the accused on bail allowing the petition.

Further, the court has also directed “the accused to neither stalk, call, message, make any gesture either physically or through phone calls or any social media platforms, nor roam around the victim’s home. The petitioner shall not allowed to contact the victim.”

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I am T. Madiha, a final year student of BA.LL.B from Osmania University, Hyderabad. I'm spontaneous, attentive, and a good observer. I always would like to express my prior concern in research & writing skills as it enhance me to grow for the future endeavours in the legal field. I strongly believe in Theodore Roosevelt quote by focusing on my actions rather than words as he once said - "Do what you can with all you have, wherever you are". I have sole interests on various spheres of law and wants to change the societal issues for better world. I love to live in a dynamic environment where people help others to develop their skills, my suggestions have actively been taken up in the same.