Allahabad High Court relies on SC judgment in Aparna Bhat to refuse bail to POCSO accused despite prosecutrix expressing willingness to marry him

The Allahabad High Court recently refused to grant bail to a person accused of rape and offences under the Protection of Children from Sexual Offences Act (POCSO) despite the victim and accused expressing their willingness to marry each other (Kamil v. State of Uttar Pradesh)..Single-judge Justice Vivek Agarwal said that he cannot take cognizance of such compromises entered into by the victim and accused as per the law laid down by the Supreme Court in Aparna Bhat and Others v. State of MP. "Notwithstanding the sentiments of the victim, as has been held by Supreme Court in case of Aparna Bhat and Others vs. State of MP [2021 CRI. L. J. 2281], this Court is estopped from taking cognizance of any such compromise once the statements of the victim are read, as recorded under Section 164 Code of Criminal Procedure (CrPC) before the Magistrate and therefore, bail application fails and is dismissed," the Court ordered. .Rakhi as bail condition turns "molester into brother" by judicial mandate: Supreme Court gives directions to avoid "women asked for it" orders.The victim had filed an application to the effect that she is willing to marry the accused. The Court further noted that the accused had also expressed his agreement to the same. "At this stage, advocate Shakeel Ahmad Azmi, submits that applicant himself is willing to marry the prosecutrix. This Court cannot take cognizance of such statements while considering bail application," the Court made it clear. .The bail application was filed by accused Kamil under Section 439 of CrPC after being aggrieved by the order passed by the Special Judge, POCSO Act, Allahabad, who had rejected the bail plea. .The counsel for the accused submitted that the prosecutrix was a major and she had filed an application to the effect that she is willing to marry the accused. It was submitted that since prosecutrix is willing to marry the applicant, it is a good case for enlarging the applicant on bail. .On the other hand, the Additional Government Advocate (AGA) opposed the bail application and submitted that the prosecutrix had not supported the case of the applicant.In this regard, it was submitted that in her statement under Section 164 CrPC, she has supported the prosecution version. The prosecution also placed reliance on Gold Quest International Private Limited vs. State of Tamil Nadu and Others in which it was held that heinous crime like rape cannot be compounded or proceedings cannot be quashed merely because prosecutrix decides to marry the accused."In fact, it has also come in the order-sheet dated April 6, 2021 that though victim has stated that she wants to marry the applicant, but the affidavit filed in this regard only contains thumb impression of victim and does not contain a reciprocal sentiments of the accuse," submitted the AGA..The Court accepted the State's arguments and dismissed the plea placing reliance on Aparna Bhat judgment..[Read Order]