Justice Urmila Joshi-Phalke acknowledged the girl's status as a minor but highlighted her voluntary decision to leave her home and reside with the accused Nitin Dhaberao.
The Bombay High Court has approved the release on bail for a man from Maharashtra, who faced charges of raping a 13-year-old. The court asserted that the accused, Nitin Dhaberao, and the minor girl had engaged in a consensual relationship rooted in love rather than lust.
Justice Urmila Joshi-Phalke acknowledged the girl's status as a minor but highlighted her voluntary decision to leave her home and reside with Dhaberao.
Phalke described Dhaberao as "of the tender age of 26 years" and stated that the two came together out of a love affair.
The order further stated, "It seems that the alleged incident of sexual relationship is out of the attraction between the two young persons and it is not the case that the applicant has subjected the victim to a sexual assault out of lust."
The girl's father had filed a missing complaint for his daughter in 2020.
When the police reached the missing girl, she told them that she had knowingly left her home to stay with the accused as they were in a relationship.
The girl also revealed that she had stolen jewellery and cash from her home as the accused had promised to marry her.