POCSO--Bail--Prosecutrix on Verge of Majority--Voluntary Accompaniment, Expressed Consent and Post-Majority Conduct Are Relevant Circumstances for Bail in POCSO Cases
In a POCSO case, the age of the prosecutrix at the time of the alleged incident, though technically below majority, is a relevant consideration for bail where she was on the verge of attaining majority. Her level of understanding and maturity may be presumed accordingly. Voluntary accompaniment, expressed consent, and subsequent conduct of the prosecutrix, including seeking protection from her own family and residing with the accused's family after attaining majority, are relevant circumstances in assessing whether the FIR reflects a genuine offence or a family dispute arising from disapproval of the relationship.
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