[POCSO] Karnataka High Court permits 19-year-old rape accused to appear for annual exam

The Karnataka High Court recently permitted a 19-year-old, who has been accused of offences under the Protection of Children from Sexual Offences Act (POCSO), to appear for his annual examination [Darshan@ Darpan S v. State of Karnataka and Anr.].Single-judge Justice V Srishananda said that he should be allowed to appear for the exam while continuing to be in judicial custody and directed the jail authorities to make appropriate arrangements for the same."Irrespective of the merits of the matter, just because, the case is pending against the petitioner herein... his future cannot be put to jeopardy. Therefore, necessity has arisen to make suitable arrangement for him to appear for the examinations," the Court said.The Court was hearing a an application seeking grant of bail to the accused to permit him to appear for his exams. .The accused had been charged under Sections 376(2)(n) (committing rape repeatedly on the same woman) 376(3) (committing rape on a woman under sixteen years of age) of the Indian Penal Code (IPC) and Sections 4 (penetrative sexual assault), 5(J)(11)(L) (repeated penetrative sexual assault) and 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act (POCSO). .The counsel for the petitioner submitted that the POCSO case against the petitioner was the result of a love affair, while the respondent State argued that the accused should not be released on bail while the investigation is still under progress, as it would hamper the probe. .The Court observed that the future of the petitioner should not be put in jeopardy only because there is a case pending against him and, therefore, allowed the petitioner to appear for the examination subject to the following conditions:.- Suitable arrangements to be made by the Chief Examiner for the petitioner to write the exam in a separate room;- A security person should be deployed by the jail authorities at the cost of the petitioner, who would escort him from prison to the examination centre and back, while noting that the petitioner should not be handcuffed on the way;- The security escort should not be in uniform, to maintain the confidentiality and dignity of the petitioner; - An advance to be deposited by the petitioner for security charges; - The petitioner would continue to be in judicial custody from the completion of one exam till the next exam; - The jail authorities would permit books to be supplied to the petitioner by his parents;- This arrangement should not be misused by the petitioner in any way.The Court also clarified that this order will not come in the way of filing any successive bail application. .Advocate AN Radha Krishna appeared for the petitioner while High Court Government Pleader Rahul Rai K represented the State. .[Read Order]