Courts Cannot Control Adolescent Love: Andhra Pradesh HC Grants Bail In A POCSO Case
The Andhra Pradesh High Court granted bail to a 21 year old man observing that “adolescent love cannot be controlled by the Courts.”
The man was accused of raping a 16-year-old minor girl (victim). The family of the girl had filed an FIR against the accused for offences under Sections 366 and 376 IPC, Sections 4 and 17 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 10 of the Prohibition of Child Marriage Act.
The complaint disclosed that the accused and the victim were in love. The family members of the victim reprimanded her for the same and denied her wish to get married to the accused. Consequently, the victim consumed ant poison and in order to save her life, the accused rushed the victim to a hospital.
A Single Bench of Justice Venkata Jyothirmai Pratapa observed, “In the peculiar circumstances and facts of the present case, it is clear that after consuming poison, the victim called Accused and informed him that her family was against her wish to marry him. The conduct of the Accused, as seen from the complaint, is vivid that on knowing that a case was lodged against him, he dropped the girl at her parent’s house, which would indicate that his intention was not otherwise dangerous.”
Advocate Challa Ajay Kumar represented the petitioner, while APP K. Ananda Kumar appeared for the respondent.
The accused had argued that he took the victim to a temple, where he tied a “taali” around her neck, and subsequently consummated the marriage. Likewise, the Court observed that according to the victim, she was in love and voluntarily went with the accused, married him, and engaged in physical intimacy.
However, the Court stated that the victim was a minor and her consent was of “no value in the eye of law.”
The Court explained that the offence of Section 366 IPC could be “attracted when any woman is kidnapped/abducted with an intent to marry against her will or to have forced/seduced/illicit intercourse.” However, the complaint lodged indicated that the victim left her family home on her own and that it was “a case of elopement of two people, who were in love, where unfortunately the victim girl is a minor.”
The Court observed, “In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”
Accordingly, the High Court granted bail to the accused and allowed the petition.
Cause Title: Moka Pradeep v. The State Of Andhra Pradesh
Appearance:
Petitioner: Advocate Challa Ajay Kumar
Respondent: APP K. Ananda Kumar