Consent of a minor amounts to aggravated sexual assault

Chhatrapati Sambhajinagar

Observing that even if a minor girl is said to have consented to or willingly engaged in sexual relations, it would still amount to aggravated sexual assault in the eyes of law, the Aurangabad bench of the Bombay High Court rejected the bail application of an accused arrested under the POCSO Act.

Justice Shailesh P. Brahme delivered the order, clarifying that arguments such as “love affair” or “promise of marriage” cannot be considered valid grounds for bail when the victim is a 13-year-old child.

Case background

A case has been registered at Gangakhed police station in Parbhani district against Maroti Shankar alias Jahangir Pawar under relevant provisions of the Bharatiya Nyaya Sanhita and the POCSO Act. In November 2025, a 13-year-old girl was reported missing and was later found in the company of the accused. He was arrested on December 9, 2025. Opposing the bail plea, additional public prosecutor Preeti Diggikar argued that the victim was only 13 years and four months old at the time of the incident. As the girl was a minor, her consent holds no legal validity. The accused has been charged under Section 65(1) of the Bharatiya Nyaya Sanhita, which prescribes a minimum sentence of 20 years extending up to life imprisonment.

After hearing both sides, the bench rejected the bail application.