Guj HC | Probable love affair between prosecutrix and applicant – Ground for allowing bail in offences under POCSO

Gujarat High Court: The Bench of A.Y. Kogje, J. allowed a bail application under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR registered for the offence punishable under Sections 363, 366 and 376(2)(I)(N) IPC and under Sections 3(A), 4, 5(L), 6, 7, 8, 11(6) and 12 of the POCSO Act, 2012.

Additional Public Prosecutor appearing for the respondent-State opposed grant of regular bail looking to the nature and gravity of the offence.

The cardinal fact that was taken into account was that the applicant was aged 24 years, unmarried and was a student whereas the prosecutrix was aged 16 years. The Court while allowing the application stated that by history narrated before the Medical Officer, the element of love affair could not have been ruled out and therefore the present was found to be a fit case to enlarge the accused on bail. [Harsul v. State of  Gujarat, 2019 SCC OnLine Guj 68, Order dated 16-01-2019]

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