LAWS(BOM)-2023-9-144

SAHIL ABDUL KADIR KHAN Vs. STATE OF MAHARASHTRA

Decided On September 13, 2023
Sahil Abdul Kadir Khan Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned APP for the State and learned counsel for respondent No.2.

(2.) This is an application for bail in respect of the offence punishable under Sec. 376 of the Indian Penal Code (hereafter ' IPC ' for short) and under Ss. 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012 (hereafter 'POCSO' for short) registered on 29/6/2022 vide First Information Report (FIR) No.833 of 2022 with Juhu Police Station.

(3.) The applicant was arrested on 5/7/2022 and is now in custody for more than one year and two months. The investigation is complete. The charge-sheet has been filed. The applicant is 21 years of age. The victim at the relevant time was 15 years of age. The applicant contacted the victim through Instagram. From the statement of the victim, prima facie, it appears that the relationship between the applicant and the victim was consensual in nature. There is variance in the statement of the victim recorded under Sec. 161 and 164 of the Code of Criminal Procedure. Considering the age of the victim, the question of her consent to such a relationship does not arise and therefore, consensual relationship cannot be a factor in favour of the applicant for enlarging him on bail.