April 23, 2024
Supply: The Free Press Journal

A 23-year-old man who had been in custody since October 15, 2021 has been granted bail by the Delhi Excessive Courtroom this week. He was round 20-years-old when he was tried underneath the Safety of Kids from Sexual Offences Act (POCSO Act) after being accused of building a bodily relationship with a minor lady on the pretense of marrying her.

The lady, who was just a little over the age of 17 years, then found that she was pregnant and that it was too late for her to go forward with the abortion as per her medical examination.

Justice Vikas Mahajan had noticed that their bodily relationship was of their very own will and that the lady had “adequate maturity and mental capability”. She was in a consensual romantic relationship with the accused.

Additional, the court docket stated that it’s extra dangerous for the boy to be stored within the jail alongside the presence of hardened criminals. This won’t serve any helpful function to the accused and can do him extra hurt than good.

The lady had said in her assertion recorded by the court docket that the FIR which was lodged in opposition to the boy was not at her personal will. Slightly, it was lodged on the insistence of her relations who had been presumably feeling ashamed or embarrassed after having came upon about her being pregnant and the lack to abort as this being pregnant had surpassed its stage of termination.

Related case with the accused being granted a bail

From Arrest to Release: HC grants Bail to the accused - Asiana Times
Picture Supply: Bar and Bench

Justice Anuja Prabhudessai had commented that the intention of the POCSO Act was by no means to model those that had been accused as criminals when in actuality, they had been really in a consensual relationship versus the actual intention of making use of the above act to safeguard the minors under the 18 years of age in opposition to going through sexual exploitation.

The Excessive court docket based mostly in Dehradun had granted bail to a 25-year-old in July this yr. He was from Bareilly and was filed underneath the POCSO Act by the sufferer’s father. He was charged with offences like rape and kidnapping of the lady on account of her disappearance from the Transit Camp Space.

The FIR was filed on April 22, 2021 when the sufferer was 18 years of age as per her assertion submitted to the court docket thereby proving that she was an grownup on the time the grievance in opposition to the accused was filed. She additionally reported that she had then married the man who was accused they usually have a daughter collectively.