'Violation Of Familial Trust': Allahabad HC Denies Bail To POCSO Accused For 'Illicit' Relation With Minor Sister-In-Law

The Allahabad High Court recently denied bail to a man booked under the POCSO Act, Indian Penal Code and Dowry Prohibition Act on the allegations of harassing his wife (complainant/informant) for dowry as well as for enticing away her minor sister and subjecting her to aggravated penetrative sexual assault. A bench of Justice Sanjay Kumar Singh remarked that the accused's alleged conduct is not only a breach of the sacred bond of marriage but also an egregious violation of familial trust and moral integrity. The court also highlighted the gravity of the applicant's actions, who has been accused of engaging in an "illicit" relationship with his minor sister-in-law. Furthermore, emphasising the importance of marriage as a cornerstone of societal and familial harmony, the court noted that any act undermining it causes profound emotional and psychological harm. The applicant's actions, the court observed, inflicted severe trauma on his wife, shattering her trust and dignity while irreparably straining the bond between the two sisters. “This Court notes that such behaviour disrupts not just the marital relationship but the broader family unit, leading to discord and instability. The act of the applicant reflects a disregard for these foundational principles and for his responsibilities both as a husband and as a member of the family. Such conduct is unequivocally condemned by both the societal norms and the law,” the single judge remarked in its order. In this case, the accused is facing an FIR lodged by the wife under Sections 498-A, 323, 504, 506, 363, 366A, 427, and 376(2)(N) of the IPC, Sections 5(L)/6 of the POCSO Act, and Sections 3/4 of the Dowry Prohibition Act. The informant alleged that she got married to the applicant about six years ago. Since she gave birth to a daughter, her husband remained angry and unhappy, due to which he used to harass and beat her on the pretext of bringing less dowry and on account of his continuous harassment, she started living in her parental home. It was her further allegations that the applicant came to her parental home in February 2023 and enticed away her minor sister, aged about 16 years, regarding which a first information report was lodged, and the applicant was sent to jail. However, after his release on bail, again in August 2023, he lured her minor sister. Seeking bail in the case, the accused moved the HC, wherein his counsel argued that the victim had recorded her statement under Section 161 and 164 CrPC, stating that she went with the applicant of her own will. She also gave an affidavit before the trial court in favour of the applicant. It was also submitted that there is a dispute over a sum of Rs. 2,00,000/-, which has been borrowed by the complainant's father from the applicant, due to which he had been falsely implicated in this case. Opposing his bail plea, the Additional Government Advocate for the State, as well as counsel for the informant, argued that the applicant was continuously harassing and torturing his wife for additional dowry and that he had enticed away a minor girl, whose consent was immaterial. Having heard the counsel for the parties and examined the matter in its entirety, the Court noted that the victim is a minor aged about 17 and the sister-in-law of the applicant, whose consent is immaterial under the law. The Court also considered that this was a second incident of enticing the minor victim, and given Section 29 of the POCSO Act, the presumption was to be drawn against the accused-applicant unless the contrary is proved by the accused. In view of these observations, considering the overall facts and circumstances of the case as well as the submissions advanced on behalf of the parties, the gravity of the offence, and the severity of punishment, the Court refused to grant him bail.Case title - Devideen vs. State Of Up And 3 Others 2025 LiveLaw (AB) 40Case citation: 2025 LiveLaw (AB) 40Click Here To Read/Download Order

'Violation Of Familial Trust': Allahabad HC Denies Bail To POCSO Accused For 'Illicit' Relation With Minor Sister-In-Law

Sparsh Upadhyay

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