RANJIT KUMAR SONI 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, 377, 504 of the Indian Penal Code (hereafter ' IPC ' for short) and under Sec. 4, 8, 12 of the Protection of Children from Sexual Offences Act, 2012 ("POCSO", for short) registered vide C.R. No. 631 of 2022 with Goregaon Police Station. The FIR is dtd. 27/05/2022. The applicant arrested on 27/05/2022.

(3.) At the time of incident, the victim was around 15 years and 5 months of age, admittedly a minor. The applicant was 24 years of age. He is an artist. The applicant was residing in the opposite flat where the victim was residing. The applicant was residing with some of his friends. In her statement, the victim has narrated the incidents which has resulted in the alleged offence under the aforesaid Sec. . From the materials on record and whats-app chats, prima facie, I am of the opinion that the relationship between the applicant and the victim may be that of a love relationship leading to a consensual physical relationship. However, having regard to the provisions of the POCSO, the victim being a minor, her consent is immaterial while prosecuting the applicant. Learned counsel for the applicant urged that the victim was of age of understanding and she was very well knowing the consequences of such a relationship.