[POCSO ACT] ROMANTIC RELATIONSHIP CANNOT BE LOST SIGHT OF: MEGHALAYA HIGH COURT GRANTS BAIL TO ACCUSED The Meghalaya High Court on Monday took into consideration the romantic relationship between a minor victim and a man accused under the Protection of Children from Sexual Offences Act (POCSO Act) while granting the latter bail in a sexual assault case lodged against him (Ephina Khonglah v. State of Meghalaya). The Bench of Justice W Diengdoh held that even though a minor's consent to sexual relations no legal validity, the fact that the accused and the victim had a romantic relationship cannot be lost sight of, for the grant of bail. Noting that the investigation was complete and the chargesheet was filed, the Court stated that whether an offence is made under the POSCO Act is a matter of evidence. Further, it cited the Madras High Court decision in Vijayalakshmi and Anr. v. State represented by the Inspector of Police and Another, in which it was held that the POSCO Act did not intend to penalise teenagers in a relationship who consented to sexual acts between them. The Court thus allowed the bail plea on a personal bond of ₹20, 000 with two sureties of like amount. The accused was ordered to not tamper with the case witnesses or abscond/leave the jurisdiction of the trial court without prior permission. Reddy & amp; Reddy Law Firm is having team of advocates and will help you in all Criminal Disputes.
Submit Your Enquiry