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The Bombay High Court granted bail to a 24 -year -old accused jailed for 5 years under the Poxo Act. The court said that what happened to the girl had its full understanding. She went to the accused on her own free will.
The bench of Justice Milind Jadhav said- even though the matter was under the Poxo Act and the victim was a minor. But the girl left home without telling her parents and stayed with the accused for four days.
Looking at the facts of the case, it was understood that she was fully aware of what she was doing, she had spent four days with the accused on her own free will.
Learn about the case in detail
The case is of the year 2019. An FIR was lodged against a person from Uttar Pradesh at DN Nagar police station in Mumbai. The FIR was lodged by the father of a 14 -year -old minor girl. According to the father, his daughter was missing since 19 November 2019. After the case was registered, on 25 November, she was found with the accused and his friend near Juhu Chowpatty, after which the accused was arrested. According to the accused, he was 19 years old at the time of the incident. He knew the girl for almost two years. The accused applied for bail several times but the lower courts rejected the girl on the basis of age.
How to get bail from Bombay High Court, 2 points …
- During the hearing in the Bombay High Court, the bench showed a difference between the police report and the statements made later on the girl, which also had a change during medical examination.
- The girl said that she was in a relationship with the accused. The statement of the hotel owner also revealed that the girl’s father was aware of his relationship.
The accused side said- the consent of the girl is not legally valid The accused party in the court argued that since the girl was a minor, her consent could not be legally valid. However, the bench, citing the decisions of the Supreme Court, said that there was no criminal record of the accused before and he had already in jail for more than five years.
Court said- Along with granting bail, other aspects were also noted The court said that while deciding bail, it is necessary to see whether the accused will be present for the case or not. Apart from this, the severity of crime, the possibility of re -committing crime by the accused, the possibility of affecting the witnesses or tampering with evidence and the criminal history of the accused is also necessary.
The court also clarified that during bail, the accused would have to take care that he should follow the law and do not make any effort to obstruct the case.
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