Bombay HC Grants Bail to Accused of Raping A Minor Girl

The Bombay High Court has recently granted bail to a Kolhapur man, who eloped with a minor girl, but left her when she got pregnant and then eloped with another girl.

The High Court also directed a special court under the Protection of Children from Sexual Offences Act in Pune to record the statement of the victim at the earliest.

A single judge bench of the Bombay High Court comprising Justice MS Karnik heard the bail application of the accused, Mhalari Gavli (24), who had been arrested by the Kolhapur Police.

On March 20, 2021, the 17-years-and 8-months-old victim eloped with the accused on the promise of marriage, which they performed. The couple also lived together till December 2021.

However, the accused eloped with another girl after the minor victim became pregnant.

Lawyers Kanishka and Shubham Mhatre, appearing for Gavli, submitted before the court that the victim voluntarily resided with the accused for so long and she wasn’t forced into the relationship.

They also submitted that the romantic relationship, which culminated into marriage, should not be criminalized.
However, the prosecution opposed the bail plea on the grounds that the victim was a minor at the time of the incident and therefore, her consent was immaterial.

The victim, even after attaining a majority in 2021, resided with the accused till December 2021.

The prosecution added, this by itself may not be a factor in favour of the accused as the accusations also pertain to the period when the victim was a minor.

The prosecution and the victim’s lawyer also submitted that the victim should not feel threatened by the presence of the accused.

In the hearing, Justice Karnik observed that Gavli had been incarcerated for a period of 1 year and 7 months as an undertrial. “The trial is likely to take a long time to conclude. Further custody will only mean a pre-trial punishment given the facts and circumstances of the case.”

He added, “The accused will face the consequences post-trial if found guilty. The investigation is complete and the charge-sheet has been filed. In the facts and circumstances of the present case, the accused can be released on bail by imposing certain stringent conditions.”

The High Court then directed the Special Judge of the trial court to record the evidence of the victim expeditiously and directed that Gavli be released on bail.

The court also directed that, except for the purpose of reporting to the investigating officer, Gavli shall not enter the jurisdiction of Hatkanangale Police Station after being released on bail, and untill the trial concludes.