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VIKAS MAHAJAN
Sonu – Appellant
Versus
State – Respondent
JUDGMENT
Vikas Mahajan, J.
1. The present petition has been filed under section 439 CrPC seeking regular bail in FIR No. 282/2022 under section 376, 323, 506 IPC and section 6 POCSO Act, registered at Police Station Sangam Vihar, New Delhi.
2. The FIR was registered at the instance of prosecutrix alleging that the petitioner has cheated the prosecutrix on the pretext of marriage. When the prosecutrix was 16? years old, the petitioner/accused, who belongs to her village, eloped with her promising to marry her and took her to Sangam Vihar Delhi. Her parents registered a case vide FIR No. 215/2019 U/s 363/366A IPC at PS Sadar, Sonipat, Haryana. In her statement u/s 164 Cr.P.C, she stated that she had not eloped with the petitioner/accused. Hence, a cancellation report was filed. At that time, the prosecutrix was a minor and didn't want to go with her parents, so she was sent to Bal Gram, Shelter Home.
3. On 09/09/2019, prosecutrix fled from Bal Gram Shelter Home allegedly on the directions of petitioner/accused and met him. Another FIR No. 357/2019 under section 346 IPC registered at PS Rai, Sonipat, Haryana in this regard.
4. On 17.08.2021, when the prosecutrix had attained the age of ma
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 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 consensual nature of a relationship and the age of the prosecutrix are crucial factors in considering bail applications in cases involving charges under the POCSO Act.
The court emphasized that voluntary relationships and proximity to adulthood can influence bail decisions, reaffirming the necessity of evaluating the risk of evidence tampering and witness intimidat....
The importance of addressing allegations and societal context in bail decisions.
The court held that the prosecutrix's consent, despite being a minor, and the absence of coercion or violence justified granting bail to the Applicant.
The court considered the impact of Section 29 of the POCSO Act on bail applications after framing of charges, and emphasized the need to balance the rights of the accused and the protection of childr....
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