Daijiworld Media Network - Panaji

Panaji, May 6: A Fast Track Special Court under the Protection of Children from Sexual Offences Act (POCSO) has denied bail to a 34-year-old man accused of repeatedly sexually assaulting a minor girl, taking a firm stance on the issue of consent involving underage victims.

The accused, Basavaraj Harijan, was charged with multiple instances of molestation and rape allegedly committed between July 2025 and February 2026. According to the prosecution, the incidents occurred both at his residence in Porvorim and at other locations where he is said to have taken the victim in his car.

Opposing the bail plea, prosecutors argued that the accused exploited the victim over a prolonged period. The charge sheet outlines repeated acts of abuse, highlighting the seriousness of the allegations.

The defense, however, contended that the relationship was consensual, pointing to chat records between the accused and the minor. It also claimed that the victim was being pressured to oppose bail.

The court acknowledged the existence of such communication but stressed that the victim was below 18 years of age at the time of the alleged offences, making consent legally irrelevant under the Protection of Children from Sexual Offences Act.

In its observations, the court underscored the significant age difference between the two and noted that the accused is a married man with three children. It rejected any comparison to so-called “Romeo and Juliet” scenarios, stating that such arguments do not apply in this case.

The judge further remarked that the accused may have exercised undue influence over the minor, given her age and vulnerability. It concluded that these factors outweighed the defense’s claims, reinforcing the decision to deny bail.