Justice Urmila Joshi-Phalke noted that the 13-year-old minor girl had said that she had left home on her own, that the accused man was of a tender age (26 years) and that there was little progress in the trial.
The Court noted that because of POCSO Act, a boy aged 20 years could be held guilty of rape for having consensual sex with a girl aged 17 years 364 days, and that such cases were overburdening the justice system.
Single-judge Justice Revati Mohite Dere said that if the child/victim is examined expeditiously, he/she would be in a position to recall the incident vividly as it happened, and nail the perpetrator.
The Bombay High Court recently granted bail to a rape accused after noting that the 16-year-old victim knew about consequences of act and the accused had used a condom while engaging in sexual intercourse with her.