POCSO Convict’s Criminality 'Stood Washed Off' After Marriage With Prosecutrix: Allahabad High Court Grants Bail
During the trial, the couple solemnised their marriage, and the prosecutrix gave birth to their son.
Justice Rajeev Misra, Allahabad High Court
The Allahabad High Court has granted bail to petitioner who was convicted under the POCSO Act and sentenced to 20 years’ rigorous imprisonment, after he married the prosecutrix and the couple had a child.
Petitioner was convicted in December 2024 by a Special POCSO Court in Firozabad under Section 376 of the IPC and Sections 5(j)(ii) and 6 of the POCSO Act. The prosecution claimed the victim was a minor (below 18 years) at the time of the offence. During the trial, the couple solemnised their marriage, and the prosecutrix gave birth to their son.
A Bench of Justice Rajeev Misra, while noting that petitioner’s actions were “not only illegal but also immoral,” observed that the “criminality, if any, committed by the applicant/appellant stood washed off” following significant developments namely the parties’ marriage under Hindu rites and customs, their cohabitation as husband and wife, and the birth of their son.
Senior Advocate Kamal Krishna appeared for the Appellant and Advocate Ram Badan Maurya appeared for the Respondents.
The Court noted that the Apex Court had quashed POCSO convictions in similar circumstances where the accused had married the prosecutrix, and the couple was living together peacefully.
The Court further noted that the prosecutrix herself had acknowledged her marriage with the appellant and the birth of their son. The Court observed that in light of these developments the criminality, if any, committed by the applicant/appellant stood washed off.
It also acknowledged that petitioner had no prior criminal history and had already spent over six months in jail since his conviction in December 2024.
Consequently, the High Court granted suspension of sentence and bail pending appeal. The execution of the trial court’s fine was also temporarily stayed until further orders.
Cause Title: Mayank alias Ramsharan v. State of U.P. & Ors.
Appearance:
Appellant: Senior Advocate Kamal Krishna and Advocate Ghan Shyam Das
Respondents: Advocate Ram Badan Maurya
