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H. P. SANDESH
Mazid Ali – Appellant
Versus
Station House Officer Sanjayanagar Police Station – Respondent
JUDGMENT
1. This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 10/2022 registered by Sanjay Nagar Police Station, Bengaluru, for the offence punishable under section 376 of IPC and section 4 of POCSO Act and section 9 of Prohibition of Child Marriage Act.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State. High Court Government Pleader submits that respondent No. 2 has been notified of this petition.
3. The factual matrix of the case of the prosecution based on the statement of the victim is that the victim as well as this petitioner were loving each other and both of them got married, thereafter the petitioner took her to Bengaluru and both of them led the life as husband and wife and thereafter she became pregnant. When the victim went to the hospital, based on her statement, case has been registered invoking section 376 of IPC, section 4 of POCSO and section 9 of the Prohibition of Child Marriage Act.
4. The learned counsel for the petitioner submits that the very statement made by the victim girl clearly discloses that both of them were having acquainta
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....
The timing of the sexual acts in relation to the marriage and the peculiar facts and circumstances of the case influenced the court's decision to grant bail.
The timing of the sexual act in relation to the marriage is crucial in determining the applicability of certain offences and the grant of bail.
The court considered the victim girl's 164 statement, completion of investigation, and charge-sheet filing in allowing the petitioner's bail application in a case involving offences under IPC, POCSO ....
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 changed circumstances and lack of evidence in favor of the prosecution in allowing the bail petition.
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 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 court considered the victim's consistent allegations, medical evidence, and pending DNA report in rejecting the bail petition.
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