new Delhi: () has considered the grounds of love affair to be inappropriate for the bail of the accused in the Rape and Pocso Case on Tuesday. The Supreme Court has held that the victim girl is a minor and in such a situation, there is no reason to give the ground of love affair to the accused of rape by promising to marry her for bail. The court set aside the order of the Jharkhand High Court (Jharkhand High Court) in which the High Court had granted bail to the accused. The High Court had said that this case has been registered due to breaking the promise of marriage and both had a love affair. The Supreme Court said that prima facie the facts show that the girl was a minor at the time of the incident. The allegation against the accused is that he promised marriage and had physical relations. The accused in the rape case and POCSO case took the ground for bail that he had a love affair with the girl. In this case, the order of bail granted by the Jharkhand High Court is set aside. The complainant had approached the Supreme Court against the order of the Jharkhand High Court.
what was the matter
According to the prosecutor, an FIR was registered in Ranchi on 27 January 2021. A case was registered against the accused under the Rape and POCSO Act. It is alleged that the girl was a minor. The boy took her to the hotel and had a relationship with her promising marriage. Made some videos of him and then refused to marry. A case was registered against the accused under POCSO and rape. The High Court had said that the FIR and the statement of the girl before the magistrate, it is clear that there was a love affair between the accused and the girl. The boy had promised marriage. Did not fulfill the promise and got retracted due to which case has been made. The High Court had granted bail. Challenging the High Court’s decision in the Supreme Court, it was said on behalf of the petitioner that the girl was 13 years and three months old at the time of the incident. The girl was a minor and as such she cannot legally consent to have a relationship. The relationship made with her is an offense under rape and POCSO but unfortunately the court considered this case to be a love affair and told the case to the result of refusal of marriage. The Supreme Court said that the age of the girl and the seriousness of the offense does not make a case of bail. The High Court order granting bail to the accused is set aside and the accused is directed to surrender.
[Attribution to NBT]