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V. SRISHANANDA
Praveena – Appellant
Versus
State – Respondent
JUDGMENT
V. Srishananda, J. - Heard Sri Govindraj, learned counsel representing Sri Nehru P., for the petitioner and Sri Rahul Rai K., learned High Court Government Pleader for the respondent-State.
2. The present petition is filed under Section 439 Cr.P.C., seeking regular bail for the petitioner in Crime No. 203/2021 of Halebeedu Police Station, Hassan District for the offence punishable under Section 376 (2) of IPC and Section 6 of POCSO Act.
3. Brief facts of the case are as under:
A complaint came to be lodged by the victim girl contending that she is studying in Government PU College in first PUC and her parents are indulged in agriculture. She came in contract with the present petitioner and the contact was subsequently developed into love affair. It is also contended that taking advantage of the love affair, the petitioner committed forcible sexual intercourse with her 3-4 times. Later on, she became pregnant. On enquiry made by her grandmother, she has narrated the incident to her grandmother and therefore, a complaint came to be filed.
4. Police after registering the case, investigated the matter and filed charge sheet against the accused for the offence punishable under Secti
The victim girl's consent, being aged 16, cannot be treated as consent in the eye of law, and the court cannot hold a mini trial to ascertain the merits or demerits of the case at the bail stage.
The gravity of the offense, evidence of forcible sexual acts, and the victim's age are crucial factors in determining bail applications in cases involving minors and sexual offenses.
The court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
Bail application – Bail can be granted where charge-sheet is filed and accuse is not required for further custodial interrogation.
The court considered the victim's conflicting statements, her age, and the circumstances of her marriage in granting bail to the accused, highlighting the importance of evaluating the totality of cir....
The main legal point established in the judgment is that the nature of the relationship between the victim and the petitioner, including the validity of the marriage and allegations of forced love an....
Determining valid consent under the POCSO Act involves considering age and promises made, with such determinations being reserved for trial proceedings.
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