The Nagpur bench of the Bombay High Court has granted bail to Nitin Dhaberao, a 26-year-old man accused of sexually assaulting a 13-year-old girl. The case was filed by the girl's father after she went missing on August 23, 2020.
Justice Urmila Joshi-Phalke noted that the girl had voluntarily left her house, and the accused's age (26) and their alleged love affair played a role in the court's decision. The court emphasized that the sexual relationship appeared to be based on mutual affection, not lust.
The victim stated she willingly left home due to a romantic relationship.
The court acknowledged the accused's tender age and described the incident as an outcome of attraction.
The accused was booked under relevant sections of the IPC and POCSO Act.
The court highlighted that the victim, while 13 years old, had consented to the relationship, and her statement revealed a voluntary association. The judge emphasized the absence of grievances related to force, suggesting the involvement was based on a love affair.
The accused faced charges under Sections 363, 376, 376(2)(n), 376(3), and Section 34 of the IPC, along with Sections 4, 6, and 17 of the POCSO Act.
The court's decision reflects a nuanced view, considering the age and mutual consent, framing the incident as a product of a love affair rather than a predatory act.