The Court noted that the petitioner had dropped the girl outside her house on learning that her parents had lodged a case against him, which indicated that his intention wasn’t dangerous.
The Andhra Pradesh High Court, in a recent ruling, granted bail to a 21-year-old individual implicated in a case under the Protection of Children from Sexual Offences (POCSO) Act. The court underscored its incapacity to regulate youthful affection. Justice Venkata Jyothirmai Pratapa highlighted that the victim, aged 16 at the pertinent juncture, was engaged in a romantic relationship with the petitioner.
“…adolescent love cannot be controlled by the Courts and the Judges have to be careful in granting or denying bails in such matters. In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals,” the order stated.
The Court was informed that upon discovering the affair, the victim’s family admonished her and declined to proceed with her marriage to the petitioner. Subsequently, on December 18, 2023, the victim ingested poison and contacted the petitioner. Her cousin promptly transported her to a hospital for treatment. Later, the petitioner escorted her to Vijayawada, where en route, they visited a temple and exchanged marital vows.
Following this incident, the victim’s parents approached the authorities and lodged a complaint, resulting in the registration of a First Information Report (FIR) under various sections of the Indian Penal Code (IPC) and the POCSO Act. According to the prosecution, subsequent to marrying the victim, the petitioner took her to a relative’s residence and sexually assaulted her.
Consequently, the petitioner was apprehended, prompting him to seek bail from the High Court via the present petition.
In its ruling, the Court observed that upon being informed about the charges against him, the petitioner left the victim at her parents’ residence.
“This indicates that his intention was not otherwise dangerous. The complaint would further show that after studying class IX, the girl dropped out and was studying at her house. The age of the girl is subject matter of full length of trial,” the judge said.
Regarding the application of Section 366 (pertaining to the abduction of a woman with the intention of forced marriage), the Court highlighted that the complaint suggests the girl left her family residence voluntarily.
Additionally, the Court took into account that the petitioner has been held in judicial custody since December 23, 2023.
“This Court makes it clear that in each case of granting bail, adjudication should depend on its own facts and as in this case, there is consistent version and due to lack of coercion or inducement or threat, it is apposite to allow the present petition,” the court said.
Consequently, the petitioner was granted bail upon posting a surety of ₹20,000.