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VIKAS MAHAJAN
Sanjay Kumar – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT
Vikas Mahajan, J. (Oral)--The present petition has been filed under Section 439 CrPC seeking regular bail in FIR No. 483/2021, under Section 376(2)(n) IPC and Section 6 of POSCO Act, registered at Police Station Naraina, New Delhi.
2. The FIR was registered at the instance of prosecutrix alleging that the petitioner was her neighbour who befriended the prosecutrix stating that he loves her. The petitioner would often call the prosecutrix on the terrace to meet her. In May 2021, when the parents of the prosecutrix were not at home, the petitioner telephoned her at around 12:00 at midnight and asked the prosecutrix to come on the terrace. When the prosecutrix went upstairs to the terrace, the petitioner took her to an empty room, where he established sexual relations with the prosecutrix on the pretext that he will marry her.
3. The prosecutrix did not tell about the aforesaid incident to anyone in her house out of fear. However, after many days when the prosecutrix started feeling pain in her stomach, she tested herself with a Home Kit and found that she was pregnant. Mustering the courage she told everything to her mother and thereafter she was taken to Safdarjung Hospita
The judgment emphasizes the need to consider the testimony of the prosecutrix and the provisions of the POCSO Act while deciding bail applications, highlighting the distinction between consensual rom....
The main legal point established is that the court must consider the real-life considerations and the impact of Section 29 of the POCSO Act when assessing bail applications in cases involving sexual ....
The court established that a romantic relationship's dynamics and the victim's age, when determined through ossification tests, might mitigate the gravity of charges under the POCSO Act, affecting ba....
The court considered the statement of the prosecutrix, completion of police investigation, and the young age of the petitioner in granting bail under Section 439 Cr.P.C.
The court determined that the relationship between the applicant and the prosecutrix was consensual, which influenced the decision to grant bail despite the prosecutrix being a minor.
Bail – Under POCSO Act, age of victim is decisive factor – If victim is below 18 years of age, law presumes that she is incapable of giving valid consent.
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