VASANTH Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 8/9/2022 for the offences punishable under Sec. girl missing @ 366 IPC and Sec. 7 read with Sec. 8 of POCSO Act, 2012 in Crime No.251 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the petitioner kidnapped the minor daughter of the defacto complainant and had committed penetrative sexual assault on her. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is aged about 19 years and the petitioner is a Hindu and the victim girl is a muslim, they both were classmates from middle school and they are known to each other for a long time. Thereafter their friendship developed into a love affair, when the same came to the knowledge of the defacto complainant, he had reprimanded the victim girl. Thereafter, on fear that they will be seperated, the victim girl had compelled the petitioner and both of them eloped and they had consensual physical affair. He would further submit that the petitioner being a youngster without understanding the rigours and consequences of POCSO Act, had physical relationship. He would also submit that major part of the investigation is over and the statement of the victim girl under Sec. 164 of Cr.P.C has also been recorded. He would also reiterate that the petitioner is in custody from 8/9/2022. Therefore, he prays for grant of bail to the petitioner.