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“What Is the Fault of the Newborn?”: Asks Allahabad Hc While Granting Bail to an Accused under POCS

CASE: Ramshankar v. State of U.P. 2022 (AB) 274

Shubhi Rathore | Prabhat Bandhulya

Bail application was filed by the accused, who is charged under the POCSO Act on the ground that he enticed the victim,eloped with her,married her in a temple and then left her alone outside the village when she was pregnant. As per the accused, the victim has given a statement against him due to the pressure of her family who are against their union because they belong to the same village and community. The accused pleaded that he has been in jail for a long time and is willing to rear his child and to keep his wife. The Court opined that the matter shatters the conscience of one and all and asked, “What is the mistake of the newborn baby girl?” The Court also observed that, though such marriages are non-permissive in our society but both, the accused and the victim are very young and a baby girl is born, hence the Court has to apply a pragmatic approach as a lot of water has flown down the Ganges and now its practical to move on. Thus, the Court granted bail.

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