Back
V. SRISHANANDA
Udaykumar – Appellant
Versus
State – Respondent
JUDGMENT
1. Heard Sri Shivasharana Reddy, learned counsel for the petitioner and Sri Veeranagouda Malipatil, learned High Court Government Pleader for respondent No.1.
2. The present petition is filed under Sec. 439 of Cr.P.C., with the following prayer:
"Wherefore, it is prayed that, the Hon'ble court be pleased to release the accused/petitioner on bail in Crime No.42/2022 of Kalagi P.S. Dist. Kalaburagi, pending on the file of Addl. District & Sessions Judge and FTSC-I (POCSO) at Kalaburagi in Spl.Case POCSO No.64/2022, for the offences punishable U/Sec.363, 376(2)(n) of I.P.C and U/Sec. 4, 8, 17 of POCSO Act, 2012, in the interest of justice."
3. The petitioner is chargesheeted for the offences punishable under Ss. 363 and 376(2)(n) of IPC and Ss. 4, 8 and 17 of the Protection of Children from Sexual Offences Act, 2012 (for short, hereinafter referred to as 'POCSO Act') and he is facing trial in Special Case (POCSO) No.64/2022 on the file of Additional District and Sessions Judge and FTSC-I (POCSO) at Kalaburagi.
4. Factual matrix of the case which are utmost necessary for disposal of the present petition are as under:
Case of the prosecution is that the victim's parents and her e
Determining valid consent under the POCSO Act involves considering age and promises made, with such determinations being reserved for trial proceedings.
A minor's consent is not valid for sexual intercourse, and the age of consent for sexual intercourse is definitively 18 years.
The clear provisions of the POCSO Act defining a minor as a girl below the age of 18 years and the importance of medical evidence in cases of sexual assault against minors.
Bail – Courts have favoured release of young offenders on bail pending trial so that regressive influences of jail environment can be avoided and keeping in mind principle of best interest.
The age of consent is irrelevant in bail decisions under the POCSO Act; factors such as the nature of the offence and the accused's behavior must guide discretion.
Sections 3 of Protection of Children from Sexual Offences Act, 2012 reads as penetrative sexual assault.
The court emphasized the need to balance personal and societal interests, especially in cases involving serious offences and the reverse onus provision under Sec. 29 of the POCSO Act.
The presumption of guilt under the POCSO Act applies, and the significant age difference between the accused and the victim renders the alleged crime particularly heinous.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
