Case Note & Summary
The appellant, referred to as ABC, was arrested on 27 June 2017 by Bharti Vidyapeeth Police Station, Pune, for offences under Section 376(2)(n) of the Indian Penal Code, read with Sections 4, 8, and 12 of the Protection of Children from Sexual Offences Act, 2012, and Sections 3(1)(r), 3(1)(w), and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegations were that the appellant had sexual relations with a minor girl aged about 16 years and 5 months between December 2016 and January 2017. The FIR was lodged on 27 June 2017, leading to a delay of about five to six months. The appellant had previously filed a bail application (Cri.B.A. No. 2664 of 2017) which was rejected on 18 August 2017 on the ground that investigation was in progress. The appellant then filed the present appeal against the order dated 19 December 2017 passed by the Additional Sessions Judge, Pune, rejecting his bail application. The appellant's counsel argued that the relationship was consensual, the victim was mature, and the delay in filing FIR indicated that the complaint was lodged under pressure from the victim's mother. The State opposed the bail. The High Court, after considering the submissions, noted that the victim was 16 years and 5 months old and the relationship appeared consensual. The court also considered the delay in lodging the FIR. The court allowed the appeal and granted bail to the appellant on certain conditions, including furnishing a PR bond of Rs. 25,000 with one or two sureties, not tampering with evidence, not inducing witnesses, and not committing any offence while on bail. The court also directed the appellant to attend the trial regularly and not leave the jurisdiction without prior permission.
Headnote
A) Criminal Law - Bail - POCSO Act - Consensual Relationship - The court considered the appellant's bail application in a case where the victim was 16 years and 5 months old and the relationship was alleged to be consensual. The court noted the delay in filing FIR and that the victim was mature enough. Held that the appellant may be released on bail on certain conditions (Paras 2-5).
Issue of Consideration
Whether the appellant is entitled to bail in a case involving allegations under Section 376(2)(n) IPC, Sections 4, 8, 12 of POCSO Act, and Sections 3(1)(r), 3(1)(w), 3(2)(v) of SC/ST Act, considering the consensual nature of the relationship and delay in lodging FIR.
Final Decision
The appeal is allowed. The order dated 19.12.2017 passed by the Additional Sessions Judge, Pune, is set aside. The appellant is directed to be released on bail on furnishing a PR bond of Rs. 25,000 with one or two sureties. The appellant shall not tamper with evidence, induce witnesses, or commit any offence while on bail. The appellant shall attend the trial regularly and not leave the jurisdiction without prior permission.
Law Points
- Bail
- POCSO Act
- SC/ST Act
- Consensual Relationship
- Delay in FIR
- Prima Facie Case
