25-year-old held under POCSO Act denied bail

Tribune News Service

Chandigarh, October 8

A local court here has denied bail to a man held on charges under the POCSO Act.

The police had arrested the 25-year-old, father of two, following a complaint by a mother, who alleged that the accused had lured her minor daughter into marrying him three years ago.

A case was registered against the man, a resident of Uttar Pradesh, at the IT Park police station under Sections 363, 366, 376 (2) (n) and 376 (3) of the IPC and Section 6 of the Protection of Children from Sexual Offence Act, 2012, on April 4, this year.

The mother claimed that she recently came to know that her daughter was residing with the accused in UP.

With the intervention of the Child Helpline, she was able to trace her daughter and came to know that her daughter was now a mother to two children. She alleged that the accused had forcibly developed physical relations with her daughter.

The counsel for the accused though claimed that the man was falsely implicated in the case. He said prosecutrix was examined and she had specifically stated that she had accompanied the accused of her own will and she was never subjected to rape by the accused.

The counsel said the accused and the prosecutrix had solemnised marriage and two children were born out of their wedlock. He also claimed that the girl left the house at the age of majority.

After hearing both the sides, Judge Swati Sehgal, fast track special court, Chandigarh, in her order stated that “merely that victim has not supported the case of prosecution, will not exonerate the petitioner from the charges framed against him”.

“The factum of age of victim is a matter of evidence and cannot be adjudicated at this stage. Keeping in view the nature and gravity of offences along with peculiar facts and circumstances of this case, the bail application moved by petitioner – accused, is dismissed,” read the order.