The Bombay High Court recently granted bail to a 24-year-old man accused of sexually assaulting a 14-year-old girl, observing that the minor displayed “sufficient knowledge and capacity” to understand her actions during the alleged incident. Justice Milind Jadhav highlighted the victim’s voluntary decision to stay with the accused for four days, alongside the absence of violence, as key factors in the ruling.
Case Background
The applicant, Vijay Chand Dubey, was arrested in November 2019 under Sections 363 (kidnapping) and 376 (rape) of the Indian Penal Code, along with Sections 4 and 8 of the Protection of Children from Sexual Offences (POCSO) Act. The FIR, filed by the victim’s father, alleged that his daughter went missing for four days and was later found with Dubey near Juhu Chowpatti in Mumbai.
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However, the victim’s statements revealed inconsistencies. In her medical examination report and court testimony, she clarified that she had known Dubey for two years and described their relationship as consensual. She admitted leaving home voluntarily and staying with him for three days, during which she claimed no coercion occurred.
Justice Jadhav referenced the Supreme Court’s landmark judgment in S. Varadarajan v. State of Madras (1965), which states:
“If a minor leaves parental protection voluntarily and understands the consequences of her actions, it cannot be termed kidnapping under Section 361 IPC.”
The court also cited the Bombay High Court’s decision in Sunil Mahadev Patil v. State of Maharashtra (2015), which emphasized:
“When minors in consensual relationships elope, courts must assess factors like the victim’s age, absence of violence, and the accused’s criminal history before denying bail.”
Justice Jadhav noted that while POCSO laws are stringent, bail decisions must balance legal rigor with contextual fairness. He stressed that the victim, though a minor, demonstrated maturity in her actions:
“Her statements confirm she understood the implications of staying with the accused. The absence of coercion or violence further weakens the prosecution’s case.”
The court highlighted several mitigating factors while granting bail. Firstly, the absence of any prior criminal record against the accused, Vijay Chand Dubey, played a crucial role in establishing his credibility. Additionally, the nature of the alleged act was deemed non-violent, with no evidence of physical force or intimidation presented by the prosecution.
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The court also emphasized Dubey’s prolonged incarceration of over 5 years since his arrest at the age of 19, stressing the need to balance justice with humanitarian considerations. Furthermore, Justice Jadhav acknowledged the complex interplay of “biological urges and social influences” in teenage relationships, advocating for a nuanced approach in cases involving adolescents who demonstrate awareness of their actions.
Appearance:
Advocate Prem Kumar Pandey a/w Advocates Pavan Kumar Pande, Sneha Mishra and Kajal Mishra appeared for the Applicant.
Manisha Arjun Devkar, Appointed Advocate from legal aid appeared for Respondent No.2.
Case Title: Vijay Chand Dubey vs State of Maharashtra and Anr. [CRIMINAL BAIL APPLICATION NO. 3899 OF 2024]
