Mumbai, February 6: The Bombay High Court on Saturday suspended 10 years of imprisonment of a 19-year-old boy, who was convicted by a lower court of raping his minor cousin. The girl was 15-year-old and was a student of class 8 when she lived in her paternal uncle's house for two years. The 19-year-old boy is girl's first cousin. During the hearing of the Bombay HC observed that consensual sex between minors has been a grey area under the POCSO act as minor's consent is not valid.

The observation was made by Justice Sandeep K Shinde as he granted bail to the boy, who was convicted under sections 4 and six of the POCSO Act along with sections. 376(2)(n) and 354 of Indian Penal Code, 1860.for raping her minor cousin. 'Skin to Skin Contact With Sexual Intent' Must be There And Mere Groping Would Not Amount to Sexual Assault, Rules Nagpur Bench of Bombay High Court.

In September 2017, the girls told her friend that her cousin touched her inappropriately and she had stomach pain. The girl's friend told her teacher about the incident. An FIR was registered by the teacher on March 3, 2018. The victim told the court that she was sexually assaulted several times. Freedom of Speech And Expression Not an Absolute Right: Bombay High Court.

However, in her statement before the magistrate, the victim said that it was a consensual act. Her statement was recorded before the magistrate section 164 of the Code of Criminal Procedure. Before the magistrate, the girl also said that the statement before the police "was at the insistence of the class teacher", reported India Today.

After getting convicted by the lower court, the boy appealed in the high court. In his appeal, the boy also sought bail in the case. "Opinions of doctor that victim was subjected to sexual assault was subject to FSL report. The FSL report was not obtained till the conclusion of the trial," reported the media house quoting Justice Shinde as saying, The court granted bail to the boy in the case, while his plea will be heard in due course of time.

(The above story first appeared on LatestLY on Feb 06, 2021 03:02 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).