September 19, 2021 4:03:28 am
The district court of Chandigarh has dismissed the interim bail plea of an accused in POCSO case, who sought bail on account of solemnisation of marriage with the complainant.
The accused, 29, a resident of Uttar Pradesh, is booked under sections 6 and 14 of the Protection of Children from Sexual Offences (POCSO) Act , 2012, and under the sections 323, 354-C, 506 and 509 of the Indian Penal Code at the Manimajra police station in Chandigarh. The case was registered on the complaint of minor girl who alleged that she had friendship with the accused for the last one year. They were telephonically in touch with each other. She along with her mother started residing in the house of accused in Manimajra. During the aforesaid period, the accused developed forcible relations with her and threatened her to face dire consequences, if she disclosed the incident to anyone. It was also alleged that the petitioner – accused had also started uploading her photographs on social media with obscene and abusive language.
The petitioner, who has been in custody since August 23, 2021, sought interim bail for seven days saying that the complainant has lodged a false complaint due to some misunderstanding and now the families of accused and complainant have sorted out their issues. It was also submitted that the accused be released on interim bail for seven days to perform marriage with the complainant.
The State Public Prosecutor, however, opposed the bail application submitting that investigation is still pending and the accused, if released on bail, may hamper the investigation.
The complainant (victim) stated that she intended to marry the petitioner accused and has no objection, if he is
released on interim bail for seven days.
The court of Swati Sehgal, Judge, Fast Track Special Court, said, “The complainant /victim is less than 18 years of age, as is reflected from her educational certificate and contents of FIR. Grant of bail to the accused for solemnizing marriage with a minor, would be in violation of Child Marriage Restraint Act, which prohibits marriage of minor. The court cannot grant interim bail to accused for such illegal act.”
Thus, dismissing the bail, the court remarked, “Grant of bail in such a case might have the effect of giving seal of approval to the illegality.”
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