Courts cannot control adolescent love: Andhra Pradesh High Court grants bail to man in POCSO case

The Andhra Pradesh High Court recently granted bail to a 21-year-old booked in a case under the Protection of Children from Sexual Offences (POCSO) Act, while observing that courts cannot control adolescent love. .Justice Venkata Jyothirmai Pratapa noted that the victim girl was 16 years old at the relevant time and that she was in love with the petitioner."...adolescent love cannot be controlled by the Courts and the Judges have to be careful in granting or denying bails in such matters. In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals," the order stated. .The Court was told that when the family of the victim learnt about the affair, they reprimanded her and refused to get her married to the petitioner. On December 18, 2023, the victim consumed poison and phone called the petitioner. Her cousin then rushed her to a hospital and got her treated. The petitioner later took her to Vijayawada, and on the way, the couple visited a temple and got married.The parents of the victim subsequently approached the police and filed a complaint, on the basis of which a first information report (FIR) was lodged under various provisions of the Indian Penal Code (IPC) and the POCSO Act. As per the prosecution, after getting married to the victim, the petitioner took her to a relative's house and committed sexual assault on her. The petitioner was then arrested, prompting him to move the High Court for bail through the present plea..In its order, the Court noted that when the petitioner learnt about the case lodged against him, he dropped the victim at her parents' house. "This indicates that his intention was not otherwise dangerous. The complaint would further show that after studying class IX, the girl dropped out and was studying at her house. The age of the girl is subject matter of full length of trial," the judge said. As far as invocation of Section 366 (kidnapping a woman with an intent to forcibly marry her) is concerned, the Court said that the complaint itself indicates that the girl left her family home on her own..The Court also considered the fact that the petitioner has been in judicial custody since December 23, 2023. "This Court makes it clear that in each case of granting bail, adjudication should depend on its own facts and as in this case, there is consistent version and due to lack of coercion or inducement or threat, it is apposite to allow the present petition," the court said. It, therefore, granted bail to the petitioner on a surety of ₹20,000. .Advocate Challa Ajay Kumar appeared for the petitioner.Assistant Public Prosecutor K Ananda Kumar represented the State. .[Read order]