HC refuses bail to accused in Pocso Act case

The High Court has refused bail to an accused in a Pocso case, who pleaded that he would make sincere efforts to marry the 17-year-old victim girl. The petition was filed by the accused from Bagepalli town in Chikkaballapura district.

The Bagepalli police had registered a case in April 2022 on the complaint by a woman that her daughter was kidnapped when she had gone to the Church. The police traced the girl along with the petitioner and it was revealed both had married in a temple. The petitioner claimed that there was no element of force in the physical relationship with the girl. However, the government advocate argued that the victim was minor and the petitioner indulged in sexual acts on the pretext of an affair.

Citing Apex Court judgements, Justice V Shrishananda said that the top court had held that heinous offences like suicide, murder and rape, etc., can neither be quashed nor compounded. The court also noted that even in cases of love affair involving a minor, an affair may be permissible, but not definitely physical relationship having regard to the object of the Pocso Act.

“Even though victim girl has stated that she had the company of accused and physical relationship and both the couple had the relationship on their volition, taking note of the object that is sought to be achieved by enacting the Pocso Act, this court is of the considered opinion that the grounds urged in the petition are hardly sufficient to accept the request made by the petitioner to admit him on bail by resorting to the special powers vested under Section 439 CrPC,” the court said.

On the petitioner’s submission that he would make efforts to marry the victim, the court said if such pleas are accepted as a rule, it would result in the court allowing the non-compoundable offence to be compounded by the process of the court.

“Keeping the above aspects in view, this court is of the considered opinion that the argument put forward on behalf of the petitioner that the petitioner if enlarged on bail, would make sincere efforts to marry the victim girl cannot be countenanced in law,” Justice Shirshananda said.