Shri Krishna Mohan Das v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(DB)/5/2023 Shri Krishna Mohan Das Vs.

The State Mr. Gopala Binnu Kumar Mr. P.K. Bala ... for the petitioner Mr. A.S.Zinu ... for the State February 20, 2023 [SR] Item No.4 This is an application for bail under section 439 of Cr.P.C read with section 389 thereof.

Heard learned counsel for the both the parties. Ms. A.S.Zinu, learned counsel for the State submits that the victim girl being not aged 18 years by the time of occurrence, her consent for love affairs has no meaning so far as occurrence is concerned.

Perusal of the evidence of PW-1 (Victim) shows that the physical relationship between the victim and the petitioner started after an intimate love affairs established through Whatsapp chat.

The petitioner was charged under section 6 of the POCSO Act on the ground that the victim was less than 18 years old at the time of occurrence. More precisely she was between 17 and 18 years of age.

On conclusion of trial, the petitioner is stated to have been convicted under section 4 of the POCSO Act. Having perused the evidence of witnesses and other evidence and taking into consideration the circumstances attending the occurrence, we are of the view that the petitioner should be released on bail.

Accordingly, the prayer for bail is allowed. The petitioner is directed to be released on bail by the learned Judge, Special Court (POCSO Act), North and Middle Andaman, Mayabunder in Spl.POCSO (ST) No.17 of 2022/ Spl.POCSO Case No.11 of 2022 on such terms and conditions as deemed just and proper, in the facts and circumstances of the case, by the learned Trial Court. The learned Trial Court is directed to act upon the certified copy or server copy of this order filed before him supported by an affidavit of a relative or next friend of the petitioner.

( Chitta Ranjan Dash, J.) ( Md. Nizamuddin, J. )