A special Protection of Children from Sexual Offences (POCSO) Act Court in Mumbai granted bail to a 21-year old man with regards to a false rape case registered against him. The young man was arrested on May 22, after his COVID positive 17-year old fiancée was found to be pregnant when she underwent her medical tests at the hospital.
Besides this case, two other men were also granted bail in similar POCSO charges, where later the court discovered the couples to be romantically involved with each other. In these cases, both girls were 17-years old, whereas their partners were 19 and 23 respectively.
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In the second case, where the boy was 19-years old, he and his girlfriend were in love and had eloped in November last year. The parents of the girl assured her that they will get her married to the same boy if she returned home. However, when the two came back, the girl’s parents lodged an FIR and the boy was booked on charges of kidnapping and rape. He was arrested in January this year.
In the third case, where the man was 23-years old, an FIR was lodged against him when the girl became pregnant after a consensual relationship. She tried terminating her pregnancy at home after watching online videos, however, after failing to do so on her own, she visited the hospital. It is then the medical authorities informed the police and the man was arrested on April 30. The defence submitted an affidavit by the girl stating she was a major now and wanted to marry the same man.
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The advocate cited Bombay High Court order which stated that age and future of the accused must be kept in mind when they are charged after ‘love affairs’. In each of these cases, the court said,
Taking into consideration the facts and the love relationship, as well as the availability of accused as and when required, the bail application is granted.
Imposing conditions on all three accused, the court said that they were not to dissuade any of the prosecution witnesses from deposing in the court or tamper with the prosecution evidence in any way. The court added,
The accused shall not visit where victim is residing.
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