LOVE AFFAIR NOT A GROUND TO GRANT BAIL UNDER POCSO CASE - SC

The Top Court recently set aside an order of the Jharkhand High Court granting bail to an accused charged under the Protection of Children from Sexual Offences (POCSO) Act citing a “love affair” between the accused and the prosecutrix. A Bench of Justices DY Chandrachud and Surya Kant noted an error in the order of the HC allowing the bail.

The complainant was a minor aged 13 years when the alleged incident happened. It was claimed that the accused took the minor to a residential hotel and had a sexual relationship under the pretext of marriage. He later refused to marry her and allegedly sent obscene pictures and videos to her father.

The accused filed an anticipatory bail before the POCSO Special Judge, which was rejected. However, the HC granted bail after filing the charge sheet reasoning that, as per the statements and the averments in the FIR  there was a love affair between the parties and the case was instituted only after the petitioner refused to marry the informant.”

The SC opined that "the order of the HC must be interfered with as the HC are extraneous in view of the age of the prosecutrix, having regard to the provisions". The court set aside the order of the HC and asked the POCSO Special Judge to complete the trial within six months.