POCSO Act and section 376 of IPC- Cancellation of bail-If girl minor then love affair has no meaning. -SUPREME Court

The Supreme Court has observed that once it is prima facie held that the victim girl is a minor,then there is no point in her having an affair with the accused. The accused can not be granted bail on the ground. The court has cancelled the bail of the accused in this matter and ordered him to surrender immediately.

A bench of Justice D.Y.Chandrachud gave this order in a case. The victim challenged the bail granted to the accused by the Jharkhand High Court in the Supreme Court. The Supreme Court observed that the High Court has erred in granting bail to the accused,as the consent and dissent of the girl being a minor has no value.

A case was registered against the accused under the section 376 of Indian Penal code and POCSO Act. The accused was sent to jail in Ranchi. But the High Court had granted him bail. The High Court had said in the order that in view of the statement made before the magistrate under section 164 and the facts given in the first information report,it can be said that there was a love affair between the victim and the accused. At the same time, this case was registered only when the accused refused to marry the victim.

 The bench said that the High Court has not seen the age of the victim. The victim was 13 years and few months old when the offence took place. The High Court should not have granted her bail on this ground. Because a 13 years old girl can not legally give her consent to sex. But the High Court only took note of the fact that there was a love affair between the two and the case was registered after refusing to marry. The matter of love affair is completely external in the mind of the High Court, which has nothing to do with law. According to the matter, the accused took her to the hotel on a pretext and raped her on the pretext of marrying her. Later the also sent its video clip to the victim's father.