RANCHI, India, March 8 -- Jharkhand High Court issued the following order on Feb. 6:
1. Heard Mr. Shailendra Jit, learned counsel appearing for the appellant and learned A.P.P.
2. This application has been preferred by the appellant for grant of bail during the pendency of this appeal. The appellant has been convicted for the offence under Section 376 of the IPC and has been sentenced to undergo R.I. for ten years along with fine of Rs. 10,000/-.
3. It has been alleged that on the pretext of the marriage, the appellant has established physical relationship with the informant, but subsequently, he had denied to solemnize marriage, which resulted in the institution of First Information Report.
4. Submission has been advanced by the learned counsel for the appellant that victim has herself stated her age to be 18-19 years and on that basis, charge under Section 4/6 of POCSO Act was not proved. It has been submitted that the relationship had continued from March 2020 to August 2020 and the victim had consensually indulged in sexual relationship with the appellant. It has been submitted that the appellant was on bail during trial.
5. Learned A.P.P. has opposed the prayer for bail of the appellant.
6. Regard being had to the evidence of the victim and the fact that she was an adult and had indulged in consensual sex with the appellant, we are inclined to admit the appellant on bail.
7. Accordingly, during the pendency of this appeal, appellant is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Additional District Judge-III-cum-Special Judge POCSO, Hazaribag.
8. I.A. stands disposed of.
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