Minor’s Consent For Sexual Intercourse Relevant For Deciding Bail Application Of ‘Rape’ Accused: Himachal Pradesh HC

The Himachal Pradesh High Court has granted bail to a man accused of ‘raping’ a minor girl on the ground that the girl had consented to the sexual intercourse.”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”, Justice Anoop Chitkara observed. Twenty Year old Rohit Sharma had approached the High Court seeking regular bail on the grounds that the family of the girl forced her to lodge a false complaint to break their love affair. The court noted that the victim had informed the police that she knew the accused for the last three – four months and was in touch with him through Facebook as well as phone. She also informed the police that, on 30th October, 2020 they participated in a marriage where the victim stayed with him where he indulged in sexual intercourse with her.