Mumbai court grants bail to juvenile accused of rape by minor cousins
India Today
A special Mumbai court under the Protection of Children from Sexual Offences (POCSO) Act granted bail to a juvenile who was accused of sexual assault by his cousins.
A special Mumbai court under the Protection of Children from Sexual Offences (POCSO) Act granted bail to a juvenile who was accused of sexual assault by his cousins.The accused is the son of the victim's paternal aunt. The 13-year-old victim lived with her parents and elder sister. On March 31, a woman told the victim’s mother about someone abusing the daughter. The mother confronted the daughter who said that the accused cousin would show pornographic videos to her and had raped her. The elder daughter also came forward to tell her family that the cousin had assaulted her four-five years ago.A case was registered and the cousin was arrested. Special public prosecutor V D More argued against the bail plea stating that the accused would threaten the witnesses or abscond. The offence of rape is serious and heinous and there are two minor girls involved. Advocate Ramprasad Gupta, appearing for the accused, assured the court that the boy would not attempt to contact the victims, so there will be no question of threat. ALSO READ | Sexual intercourse between man and wife is not rape even if by force: Chhattisgarh HCGupta pointed out that the elder victim, aged 15, had refused to go for medical examination in spite of being referred by the doctor. The younger victim’s medical report did not disclose any incident of rape or even injuries to her private parts.Judge Priti Kumar Ghule noted that the victim herself used to go to the house of the accused cousin. There was no compulsion to go but she did. She could have informed anyone from grandmother to parents or anyone if she was being sexually exploited.The judge also weighed in the medical report with the revelation by Gupta that the co-accused in the case, the accused cousin's friend, was in love with the victim and the case was filed only after the love affair between the minors came to the forefront. The co-accused had also been granted bail by the court.
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