'Victim 4 Days Short Of Majority': Rajasthan High Court Grants Bail In POCSO Case, Notes Consensual Relationship

The Rajasthan High Court granted bail to an accused in a POCSO case, taking note of the fact that the prosecutrix was merely four days short of attaining majority at the time of the alleged incident. The Court also considered that, soon after attaining majority, she had approached the court seeking protection from her family and had since been residing with the family of the accused.Justice Sanjeet Purohit further observed that in her statements, the prosecutrix had unequivocally expressed her desire to marry the accused. The Court also noted her allegation that her family members were attempting to compel her into a marriage against her wishes.The matter arose from a bail application in an alleged case of kidnapping. The petitioner contended that the FIR was fabricated, asserting that the relationship between him and the prosecutrix was opposed by her family. It was submitted that the prosecutrix had voluntarily left her home when her family attempted to force her into another marriage. After attaining majority, she filed a petition seeking protection from her father, which was allowed by a coordinate Bench.Opposing the bail plea, the State argued that the prosecutrix was a minor at the time of the incident, rendering her consent legally irrelevant. It was further contended that the accused had influenced and manipulated her, given her tender age.After considering the rival submissions, the Court emphasized that the prosecutrix was on the verge of attaining majority at the time of the incident. The Court observed:“…at the time of alleged incident, victim 'A' was at the verge of attaining the age of maturity, thus her level of understanding as a mature/major girl can very well be presumed. Even when she was brought before the learned court below, she specifically stated that she went with accused applicant on her free will and whatever happened during her stay was with her consent…immediately after attaining maturity, victim 'A' has filed an application seeking protection from the complainant and her family members…The fact that after said protection order, she was continuously residing in the accused-applicant's house is also not disputed.”In light of these circumstances, the Court opined that the FIR appeared to have been lodged by the prosecutrix's family due to their disapproval of her relationship with the accused and their intent to marry her off against her will.Accordingly, the Court granted bail to the petitioner.Title: Anil Kumar v State of Rajasthan Citation: 2026 LiveLaw (Raj) 161Click Here To Read/Download Order

'Victim 4 Days Short Of Majority': Rajasthan High Court Grants Bail In POCSO Case, Notes Consensual Relationship

Nupur Agrawal

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Nupur Agrawal

'Victim 4 Days Short Of Majority': Rajasthan High Court Grants Bail In POCSO Case, Notes Consensual Relationship

Nupur Agrawal

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Nupur Agrawal

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