OMKAR MAHADU DHENGLE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned APP for the State.

(2.) This is an application for bail in respect of the offence punishable under Sec. 376 and 506 of the Indian Penal Code, 1860 and under Sec. 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act"), and under sec. 67 of the Information Technology Act, 2008 registered vide C.R. No. 0250 of 2022 with Khadki Police Station. The FIR is lodged on 23/09/2022. The applicant was arrested on 23/09/2022.

(3.) The applicant is 22 years of age. At the relevant time, the victim was 15 years of age. It is the allegation that the applicant is in custody for almost 1 year. It is alleged that the applicant had forcible sexual relationship with her. It appears that the relationship was consensual in nature. However, having regard to the provisions of POCSO Act, the victim's consenting to such relationship will not be a factor which can be considered in favour of the applicant.