Allahabad High Court relies on SC judgment in Aparna Bhat to refuse bail to POCSO accused despite prosecutrix expressing willingness to marry him
Despite the victim and accused expressing their wish to marry, the Allahabad High Court recently refused to grant bail to a person accused of rape and violations under the Protection of Children from Sexual Offences Act (POCSO) (Kamil v. State of Uttar Pradesh). According to the law handed down by the Supreme Court in Aparna Bhat and Others v. State of MP, single-judge Justice Vivek Agarwal cannot take cognizance of any concessions entered into by the victim and accused. The victim had submitted an application stating her willingness to marry the accused. The accused had also declared his approval to the same, according to the court. "Advocate Shakeel Ahmad Azmi asserts at this point that the applicant is willing to marry the prosecutrix. When examining a bail application, this Court cannot take such remarks into account "It was made plain by the Court. After being offended by the ruling of the Special Judge, POCSO Act, Allahabad, who had denied the bail request, accused Kamil filed a bail application under Section 439 of the CrPC. The prosecutrix was a major, according to the accused's lawyer, and she had filed an application stating her willingness to marry the accused. It was argued that because the prosecutrix is willing to marry the applicant, the argument for enlarging the applicant's bail is strong. The Additional Government Advocate (AGA), on the other side, contested the bail motion, claiming that the prosecutrix had not supported the applicant's argument. In this regard, it was argued that she backed the prosecution version in her statement under Section 164 CrPC. The prosecution also cited Gold Quest International Private Limited vs. State of Tamil Nadu and Others, which stated that a horrific crime like rape cannot be compounded or proceedings invalidated just because the prosecutrix marries the accused. "In fact, the order-sheet of April 6, 2021 states that, while the victim has said that she wishes to marry the applicant, the affidavit filed in this regard only contains the victim's thumb impression and does not contain the accuse's reciprocal sentiments," according to the AGA. The Court agreed with the State's arguments and dismissed the plea, citing the Aparna Bhat decision.