Bombay High Court’s Interpretation in a Controversial Case- Court approved bail for a man who had been arrested on charges of raping a 13-year-old girl, ruling that the sexual involvement was a result of a romantic relationship rather than driven by carnal desires.
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MAHARASHTRA: The Nagpur bench of the Bombay High Court has made a significant ruling by granting bail to a 26-year-old man, Nitin Dhaberao, who was accused of raping a 13-year-old girl. The court’s decision was influenced by its interpretation of the relationship between Dhaberao and the minor as one of love rather than lust.
Case Background:
The case was initiated by the father of the minor girl, who reported her missing on August 23, 2020. The girl had left home under the guise of collecting books but did not return. Upon being found, she disclosed to the police that she was in a romantic relationship with Dhaberao. She admitted to taking ornaments and cash from her home and willingly staying with Dhaberao at various locations outside the state.
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Judicial Observations and Decision:
Justice Urmila Joshi-Phalke, who presided over the case, remarked on the nature of the relationship between the accused and the minor. The judge stated,
“The applicant is also of the tender age of 26 years, and out of the love affair, they come together.”
The court further noted that the sexual relationship appeared to be a result of mutual attraction and not an act of sexual assault driven by lust.
Legal Considerations and Charges:
Despite the minor’s age, where her consent is typically deemed irrelevant, the court’s decision to grant bail was influenced by her statements and the circumstances surrounding the case. Dhaberao faced charges under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, including Sections 363, 376, 376(2)(n), 376(3), along with Section 34.
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Implications of the Ruling:
This ruling has highlighted the complexities and sensitive nature of sexual assault cases involving minors. The Bombay High Court’s decision emphasizes the importance of a nuanced approach in such cases, considering the legal aspects alongside the complexities of human relationships.
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