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Delhi High Court Denies Anticipatory Bail, Says Friendship Is No License to Rape

The judge rejected the consent claim after finding the delay trauma-driven with prima facie medical corroboration.

Overview

  • Justice Swarana Kanta Sharma on October 17 dismissed the man's anticipatory bail plea in a case involving a 17-year-old under the POCSO Act.
  • The court held that an asserted friendship cannot justify repeated rape, confinement or merciless beating, rejecting the claim of a consensual relationship.
  • According to the FIR, the neighbour allegedly took the minor to a friend's house, assaulted her repeatedly and threatened her, with the complaint filed 11 days later.
  • The court found the delay explained by fear and trauma, noting the minor initially resisted disclosure or medical examination in her parents' presence.
  • Citing prima facie corroboration including medical records, the court also recorded that the accused had not joined the investigation despite four prior failed or withdrawn bail attempts, with the probe proceeding under BNS provisions and Section 4 of POCSO.