Bhubaneswar: In a significant order, a 26-year-old man who was arrested for sexual assault on a 13-year-old girl has been granted bail.
A case was lodged against Nitin Dhaberao under sections 363, 376, 376(2)(n), 376(3) along with Section 34 of Indian Penal Code and Sections 4,6 and 17 of Protection of Children from Sexual Offences Act on the basis of the complaint by minor girl’s father.
While hearing the case, the Nagpur bench of Bombay High Court observed that the duo had a love affair and the alleged sexual relationship appeared to be out of love, and was not due to lust.
Justice Urmila Joshi-Phalke held that the girl stated she had voluntarily stepped out of her house and the accused was also of a “tender age of 26 years and out of love affair, they came together.”
“It seems that the alleged incident of sexual relationship is out of attraction between the two young people, and it is not the case that the applicant has subjected the victim to a sexual assault out of lust,” the court stated.
The girl’s father alleged in his complaint that his 13-year-old daughter had stepped out of the house on August 23, 2020 on the pretext of bringing books, but did not return.
After the father reported a missing complaint, police traced the girl.
The minor girl told police that Nitin and she had a romantic relationship, and he promised to get married to her. She also informed cops that she took ornaments and cash from her house and went with Nitin, and they stayed together at different places.
“As far as merit is concerned, admittedly, the victim is 13 years of age, and her consent is not relevant. She also joined the company of the applicant (accused) and admitted her love relationship with the applicant in her statement,” Justice Joshi-Phalke noted while granting bail to Nitin.
“Her (minor’s) statement reveals that she stayed along with the present applicant at various places and did not make any grievance. Thus, it is apparent that, out of the love affair, she joined the company of the applicant,” the court stated.
