Due to Lack of Trial Progress, Bombay High Court Grants Bail to Accused in Minor Sexual Offense Case

In the case of Nitin Damodar Dhaberao Vs. State of Maharashtra, the applicant sought bail under Section 439 of the Code of Criminal Procedure related to Crime No.411/2020. The charges included offenses under Sections 363, 376, 376(2)(n), 376(3) of the Indian Penal Code, and Sections 4, 6, and 17 of the Protection of Children From Sexual Offences Act, 2012. The accused, arrested on August 30, 2020, was accused of engaging in a sexual relationship with a 13-year-old girl.


The victim’s father reported her missing when she did not return home after leaving to bring a book. Subsequent police investigation revealed that the victim had willingly left her home, joined the accused, and admitted to having a love affair with him. They had stayed together at various places, and the accused was arrested in 2020.


The defence argued that the victim, though underage, willingly joined the accused due to their love affair, and no forceful sexual intercourse occurred. They pointed out the lack of external injuries according to the medical certificate. The defence also highlighted the extended incarceration of the accused since 2020 without trial progress.


The State opposed the bail, emphasizing the victim’s age and asserting that the accused, being mature, subjected her to forceful sexual intercourse. Concerns about tampering with evidence were also raised.

After considering arguments, the High Court of Judicature at Bombay, Nagpur Bench granted bail to Nitin Damodar Dhaberao, citing the lack of trial progress since 2020. The court acknowledged the victim’s age but noted her willingness in leaving home and engaging in a love affair with the accused. It emphasized that the sexual relationship seemed consensual and not driven by force or lust.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments and is not guaranteed to be accurate, complete, or up-to-date. Readers should consult a qualified legal professional before taking any action based on the information provided. The authors and publishers disclaim any liability for any loss or damage incurred as a result of reliance on this article. This article does not create an attorney-client relationship.

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