Karnataka High Court Denies Bail To Man In POCSO Case, Says Minor Girl’s Statement On Consent Can’t Be Taken As Gospel Truth While Deciding Bail Plea
Case: Bujji @ Babu G And State Of Karnataka
Coram: Justice V Srishananda
Case No.: CRIMINAL PETITION NO. 12080 OF 2022
Court Observation: “What is the value to be attached is a statement recorded under Section 164 of Cr.P.C, of the victim girl while deciding the bail application should also have the same treatment that such a statement should not be taken as gospel truth, as the same needs to be tested during the trial.”
“On bare reading of the Section 3 of the POCSO Act, the provision never contemplates anything about the consent inasmuch as the intention of the legislature is abundantly clear that a child cannot be a ‘Consenting Party’.”
“The theory propounded on behalf of the petitioner that the victim girl is a consenting party to the alleged penetrative sexual assault and there is absence of element of force and therefore, no ingredients whatsoever to attract the offence under Section 3 and 5 punishable under Section 4 and 6 of the POCSO Act cannot be countenanced in law, more so, at the stage of considering the bail application,”
“In the cases where there is an allegation that there was a love affair, such cases must stand on a different footing. However, even in such cases, having regard to the age prescribed to call a person as a child under 18 years, a love affair may be permissible, but not definitely physical relationship having regard to the object of the act. Otherwise, the very object of the enactment would render useless and registering a case and investigation and trial would all become empty formality,”
“It is not uncommon that the Courts across the Country have often either enlarged an accused on bail owing to the accused contracting marriage with the rape victim or cases where the FIR has been quashed on account of subsequent marriage. Those judgments and orders eclipse the settled principles of law enunciated by the Hon’ble Apex Court while considering the seriousness or gravity of the offences alleged against an accused in a given case,”
“If such pleas are accepted as a rule, it would result in the Court allowing non-compoundable offence being compounded by the process of the Court which is not the intention of the legislature in enacting the relevant statutes,”
“Keeping all these aspects in view, 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 in this Court under Section 439 Cr.P.C,”
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Karnataka High Court Denies Bail
