Rape Trial: Supreme Court Issues Notice On Bail Application Upon Accused’s Plea That Victim Aged 17 Yrs 8 Months Had Consented To Act

A man who is accused of rape, of a girl who was a minor during the time of offence submitted a bail plea that the victim what 17years 8months old had consented to the act. Amit Raoso Patil, a 34 year old man was the accused and the victim had registered a complaint under Sections 376, 354-D, 506 of the IPC. The victim being a minor also invoked Sections 3, 4, 11 and 12 of the POCSO. The Supreme Court bench of Justices L. Nageswara Rao, Hemant Gupta and Ajay Rastogi were hearing this SLP as the petitioner who was accused of raping a minor who was his business partner’s daughter was not granted bail by the Bombay High Court in September. The counsel for the petitioner put forth the point of the victim consenting to the act and that the accused was unaware of her age. To which Justice Gupta responded in this case the victim’s consent is immaterial since she was a minor. To the point of him not knowing her age Justice Gupta stated that may be relevant under the Juvenile Justice Act in case of a ‘juvenile in conflict with law’, but not in IPC. The bench decided to issue a notice on the plea on Monday. The victim who was a 11th standard college going student in Pune had known the accused for two and half years. The victim stated that in October 2019 he had allegedly expressed his liking towards her through WhatsApp and indicated that also sought sexual favour from her which she declined and didn’t disclose. Under the pretext of discussing family matter the victim was taken to a farmhouse by making an emotional appeal and was forced to have sexual intercourse with the accused. This occurred 2 more times, the last incident being on 1st January 2020.


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