MUMBAI: The Bombay HC granted bail to a Mumbaikar, who was arrested for raping a 14-year-old.
Justice Sandeep Shinde observed that the girl was "mature enough and the sexual act was consensual", giving bail to Dnyaneshwar Navghare.
The Judge declined to invoke the POCSO Act while delivering the verdict, claiming the concept of consent under the act could not be considered for ensuring justice.
Under the Protection of Children from Sexual Offences (POCSO) Act, 2012, an individual below 18 years of age cannot consent, and sexual acts with them by adults are legally seen as statutory rape.
This judgment comes amidst several outrageous travesties by the court against survivors.
Earlier a gangrape survivor in Bihar was arrested for causing "unrest" outside because she demanded the presence of two social workers, her legal right. And, she was being pressurized to marry her rapist.
Before that, Karnataka HC granted bail to an accused, citing that survivor behaviour wasn't at par with being "Indian woman."