Lawstreet Journal

'Love Affair' Irrelevant Ground for Bail When Victim is A Minor Girl: Supreme Court in POCSO Case

Lawstreet Journal 23 Feb 2022 1:28am

Image courtesy: Lawstreet Journal Judiciary 'Love Affair' Irrelevant Ground for Bail When Victim is A Minor Girl: Supreme Court in POCSO Case

The Supreme Court set aside bail granted to an accused under section 376 of the Indian Penal Code and section 6 of the Protection of Children from Sexual Offences Act (POCSO Act 2012), on 22nd February 2022, noting that once it appears to the Court that the prosecutrix was a minor, the grounds of a "love affair" between her and the accused and the accused's alleged refusal to marry would be extraneous for bail.

The bench of Justices D. Y. Chandrachud and Surya Kant was hearing an appeal arising from the decision of a Single Judge of the High Court of Jharkhand in August 2021, by which the application for bail of the second respondent/accused had been allowed, subject to conditions.

The bench noted that on 27 January 2021, an FIR was registered in District Ranchi inter-alia for offences punishable under section 376 of the IPC and section 6 of the POCSO Act. "The complaint of the petitioner contains an allegation that when she was a minor, the second respondent had taken her to a residential hotel and had entered into sexual relations with her on the assurance of marrying her. The complainant further recites that the second respondent was refusing to marry her, that he had sent obscene videos to her father. The application for anticipatory bail filed by the second respondent was rejected by the Special Judge (POCSO), Ranchi in February, 2021. Thereafter, the second respondent had surrendered and sought bail. The charge sheet was submitted before the special… Continue Reading...


Tagged: POCSO   POCSO Act   Protection of Children from Sexual Offences (POCSO) Act  
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