Allahabad High Court Grants Bail
The Allahabad Excessive Courtroom has granted bail to petitioner who was convicted underneath the POCSO Act and sentenced to twenty years’ rigorous imprisonment, after he married the prosecutrix and the couple had a baby.
Petitioner was convicted in December 2024 by a Particular POCSO Courtroom in Firozabad underneath Part 376 of the IPC and Sections 5(j)(ii) and 6 of the POCSO Act. The prosecution claimed the sufferer was a minor (beneath 18 years) on the time of the offence. In the course of the trial, the couple solemnised their marriage, and the prosecutrix gave delivery to their son.
A Bench of Justice Rajeev Misra, whereas noting that petitioner’s actions had been “not solely unlawful but in addition immoral,” noticed that the “criminality, if any, dedicated by the applicant/appellant stood washed off” following vital developments particularly the events’ marriage underneath Hindu rites and customs, their cohabitation as husband and spouse, and the delivery of their son.
Senior Advocate Kamal Krishna appeared for the Appellant and Advocate Ram Badan Maurya appeared for the Respondents.
The Courtroom famous that the Apex Courtroom had quashed POCSO convictions in related circumstances the place the accused had married the prosecutrix, and the couple was residing collectively peacefully.
The Courtroom additional famous that the prosecutrix herself had acknowledged her marriage with the appellant and the delivery of their son. The Courtroom noticed that in mild of those developments the criminality, if any, dedicated by the applicant/appellant stood washed off.
It additionally acknowledged that petitioner had no prior legal historical past and had already spent over six months in jail since his conviction in December 2024.
Consequently, the Excessive Courtroom granted suspension of sentence and bail pending enchantment. The execution of the trial courtroom’s nice was additionally quickly stayed till additional orders.
Trigger Title: Mayank alias Ramsharan v. State of U.P. & Ors.
Look:
Appellant: Senior Advocate Kamal Krishna and Advocate Ghan Shyam Das
Respondents: Advocate Ram Badan Maurya
