“Girl and Accused are in Love” Bail Granted to Accused Implicated under POCSO Act

The petitioner in the case, kidnapped a minor girl, aged 15, on the pretext of marriage and sexually assaulted her. Subsequently, upon the complaint of the parents of the victim, the petitioner was arrested and kept into judicial custody in January 2021.

Offences were registered under Sec.366 (a) of I.P.C. and Sec.5 (i) read with Sec.6 of the Protection of Children against Sexual Offences (POCSO) Act, 2012.

The petitioner thus filed an appeal under Sec. 439 of the Criminal Procedure Code (Cr.P.C.).

It was thus submitted by the counsel for the petitioner that he and the victim girl were in love. The girl on her own came out of her own house and went to the petitioner’s house. The petitioner never kidnapped her, rather advised her to go back to her own home, In the meantime, the case was registered against him and he was arrested.

He also submitted that the girl is on the verge of attaining maturity and he did not kidnap the girl. He was in no way connected to this and is innocent. He had also been in custody for over a month and thus sought bail.

On the other hand, the Public Prosecutor stated that the girl is only 15 years old. The victim stated that she had been kidnapped by the petitioner earlier, but rescued. Now, she had been kidnapped again by the petitioner on the pretext of marriage and also sexually assaulted her. She opposed bail and stated that there was no criminal case pending against the petitioner, investigation was also almost over and she had already given her statement.

The Madras High Court observed that on the perusal of the statement given by the victim girl, it could be seen that the girl and the petitioner were indeed in love; she left her parents’ house willingly and stayed at the petitioner’s house.

The court was thus inclined to grant bail as the petitioner has suffered incarceration since January. Hon’ble Mr. Justice V. Bharathidasan thus allowed bail on a bond of Rs.10, 000.

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Story by Sai Kulkarni-Intern

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