NANTHAKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 15/7/2022 for the alleged offences punishable under Sec. 363 IPC, 5(l), 5(j)(ii) r/w 6,17 of Protection of Children from Sexual Offences Act, 2012, and Sec. 9 of Child Marriage Act, 2006, in Crime No.5 of 2022 on the file of the Respondent Police, seeks bail.

(2.) The case of the prosecution as per the de-facto complainant is that the petitioner had developed a love affair with the minor victim girl and married her and also committed penetrative sexual assault on her, due to which, she become pregnant. Based on the complaint given by the Social Welfare Officer, a case in Crime No.5 of 2022 has been registered.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner and the victim girl are hail from the poor strata of the society and the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had developed an affair with the minor victim girl and had married her in temple. He would further submit that the victim girl become pregnant and the complaint has been lodged against the petitioner only based on the child help line. He would also submit that now the victim girl has delivered a girl child and the petitioner does not deny the paternity. He would further submit that the petitioner is in custody from 15/7/2022. He would also submit that the petitioner understands that 164 statement has been recorded from the victim girl, wherein, she had stated that there was a love affair between the petitioner and the victim girl. Hence, he prays for grant of bail to the petitioner.