SAMEER 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, 452, 323, 427, 504, 506 of the Indian Penal Code (hereafter ' IPC ' for short), under Sec. 4, 6, 8 and 12 Protection of Children from Sexual Offences Act, 2012 (hereafter "POCSO Act", for short) registered on 17/05/2022 vide C.R. No. 565 of 2022 with Dharavi Police Station, Mumbai. The applicant was arrested on 17/05/2022.

(3.) The applicant at the relevant time was 21 years of age and the victim was 17 year of age. From the materials, it appears that the applicant and the victim were in a love affair. Prima facie, the applicant and the victim had consensual physical relationship. However, the victim being a minor, consent would be immaterial.