Thane News: Special POCSO Court Denies Bail To 18-Year-Old In Minor Rape Case, Says Consent Of 15-Yr-Old Has No Legal Validity
· Free Press Journal

Thane, March 28: A Special Court under the Prevention of Children against Sexual Offence Act (POCSO), Thane, presided over by Judge Premal S. Vithalani, has refused to grant bail to an 18-year-old, Vimal Yadav, accused of allegedly raping a 15-year-old girl, maintaining that the defence claim of the minor giving consent does not stand any legal relevance.
Court rejects consent argument
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The court observed that the victim was 15 years and five months old at the time of the incident, while the accused was over 18. Rejecting the defence claim that the relationship was consensual, it ruled that under the Protection of Children from Sexual Offences (POCSO) Act, the consent of a minor is “of no consequence.”
Case details and investigation
The prosecution’s case traces back to August 2025, when the victim’s father filed a missing person report at the Kasarvadavali Police Station after the girl left her home without notice. Investigations revealed that the girl had met the accused on Instagram in February 2025.
Following their online acquaintance on Instagram, the accused allegedly enticed the minor to travel to Nashik and subsequently to a residence in Madhya Pradesh. It was there, according to the First Information Report (FIR), that the accused allegedly raped the victim on multiple occasions.
Allegations of forged documents
The court, in its orders, maintained that the fact that the accused allegedly forged his 5th and 8th standard school mark sheets just to reduce his age.
The prosecution argued that the youth, with the assistance of his father, falsified these documents to present himself as a juvenile in conflict with the law, so as to avoid prosecution under the stringent Act.
Bail plea dismissed
The defence moved for bail on the grounds that the victim, who was nearly 16 at the time, had accompanied the accused willingly and that the acts were consensual.
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Thane Sessions Court Acquits 20-Year-Old In POCSO Case Citing Lack Of Evidence And Prior FriendshipHowever, the court dismissed this argument, maintaining that in POCSO offences, the consent of a minor is of no consequence in the eyes of the law. The court further noted that the investigation is still active, with several other accomplices yet to be arrested. The accused was arrested on March 4, 2026.
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