Allahabad HC Denies Bail to POCSO Accused for Illicit Ties With Minor sister In-Law

Allahabad HC Denies Bail to POCSO Accused for Illicit Ties With Minor sister In-Law

This was stated recently by Allahabad High Court in a bail matter of a man accused for heinous offences punishable under the Protection of Children from Sexual Offences (POCSO) Act, Indian Penal Code (IPC) &wureg;nd Dowry Prohibition (DP) Act. The accused has been booked under section 498-A (cruelty), 323 (voluntarily causing hurt), 504 (intentional insult), 506 (criminal intimidation), 363 (kidnapping), 366A (procuration of minor girl), 427 (mischief) and 376(2)(N) (rape) for harassing his wife for dowry and luring her minor sister and committing aggravated penetrative sexual assault on her. The complainant was married to the applicant about six years before. After she had given birth to their daughter, she had continued to face harassment and violence over dowry -- forcing her to live with her parents, she had alleged. The applicant purportedly lured the complainant's minor sister (aged around 16 years) in February 2023. After getting arrested he was released on bail, but again in August 2023 he allegedly lured the minor sister. The accused sought anticipatory bail, contending that the minor sister had stated the sex was consensual and filed an affidavit in his favour. He further added that the complainant's father had taken Rs. 2,00,000 as a loan, which became a reason behind the false accusation against him. It also noted that the victim is a minor (approximately 17 years old) and that her consent is irrelevant under the law. The court said that this was the second time the person had lured the minor victim and thus Section 29 of the POCSO Act, which presumes guilt unless proven otherwise by the accused, will apply here. Holding the activities of the applicant as a serious violation of marital trust and family integrity, the court noted: "It has caused emotional trauma to his wife and also caused a great breakage of harmony in the family.

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