CHINNADURAI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 1/9/2022 for the offences punishable under Sec. 376(3) of IPC r/w Ss. 6, 5(j)(ii), 4(2), 3 of Protection of Children from Sexual Offences Act, 2012, in Crime No.10 of 2022 on the file of the Respondent police, seeks bail.

(2.) The case of the prosecution is that the petitioner has committed penetrative sexual assault on the minor victim girl, aged about 17 years, due to which, she become pregnant. Hence the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner, aged about 23 years and the victim girl are known to each other and there was a love affair between them. He would further submit that the petitioner, without understanding the consequences and rigours of the Protection of Children from Sexual Offences Act, had developed an affair and had a consensual physical relationship with the minor victim girl. He would also submit that the physical affair has taken place in the house of the victim girl and since, the victim girl become pregnant, it came to the knowledge of the parents and the complaint has been lodged against the petitioner and he has been arrested and he is in custody from 1/9/2022. He would also submit that the petitioner understands that statement under Sec. 164 Cr.P.C., has been recorded from the victim girl, wherein, she had stated that there was a love affair between the petitioner and the victim girl and they had a consensual relationship. Hence, he prays for grant of bail to the petitioner.