News By/Courtesy: Neha Mishra | 23 Nov 2021 17:32pm IST


  • A man accused of sexual assault under POCSO Act applied for bail
  • The High Court held that punishing people in romantic relationship is not the goal of the POCSO Act
  • The court hence granted the accused bail.

The Meghalaya High Court granted a man accused of sexual assault under the Protection of Children from Sexual Offences (POCSO) Act. The court gave the order of bail after taking into account the romantic relationship between the minor and the accused man named Shri Silvester Khonglah.

The Seat of Justice W Diengdoh held that even though a minor's agreement to sexual relations has no actual legitimacy, the way that Silvester Khonglah and the minor had a close connection can't be failed to focus on, for the consideration of bail. The request expressed, "On examination of the records, especially the explanation of the person in question and the blamed, by all appearances it is evident that there is a close connection between the two and that the sexual demonstration required between them was one of consensual, regardless the way that on account of a supposed casualty being a minor, assent has no legitimate legitimacy, nonetheless, this part of the matter can't be neglected to focus on while an application for the award of bail is being considered by the court."

The Court passed the request in a bail application recorded for the benefit of Silvester according to an argument enrolled against him under Sections 5 and 6 of the POCSO Act. These sections stipulate Penetrative and Aggravated Penetrative Sexual Assault. The accused, i.e., Silvester and the minor girl were expressed to be in a close connection with one another. Advocate CB Sawian, the Counsel on behalf of accused the presented that his client was unequipped for understanding the results of his activity, and that keeping him imprisoned with different detainees, some of whom might be long term criminals, will affect his future profession.

The POCSO Act was established to forestall instances of rape on kids and doesn't consider the discipline of young people in a close connection, it was additionally submitted. Sawian added that Silvester has been detained for right around 11 months, while the POCSO Act specifies that cases must be discarded in a year. General B Bhattacharjee, the extra advocate who was contradicting the bail application, presented that the accused is a grown-up who is reserved with a genuine allegation.

The law doesn't recognize whether the demonstration was an aftereffect of heartfelt love or in any other case, he added. Taking note that the examination was finished and the charge sheet was documented, the Court expressed that whether an offence is made under the POSCO Act involves proof. Further, it referred to the Madras High Court choice in Vijayalakshmi and Anr. v. State addressed by the Investigator of Police and Another, in which it was held that the POSCO Act didn't plan to punish young people in a relationship who assented to sexual demonstrations between them.

The Court hence permitted the bail application on an individual obligation of 20,000 with two guarantees of the like sum. Mr Silvester Khonglah was requested to not alter the case observers or slip away/leave the locale of the district court without any prior authorization.

Section Editor: Kadam Hans | 23 Nov 2021 22:02pm IST

Tags : #bail #accused #application #Meghalaya #High Court #POCSO Act #sexual assault #minor #aggravated assault #romantic relationship

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