suraj: Bail Plea Of Man Accused Of Abduction, Sex Assault Rejected | Kanpur News

Kanpur: Special judge, POCSO Act court, Rajveer Singh on Thursday rejected the bail application of one Suraj, who has been charged with kidnapping and physically assaulting a minor girl.
The presiding judge in his order observed that though the victim had stated in her statement recorded under section 164 CrPC that she and the accused were living like husband and wife and had established physical relations with consent during one month tenure, but since section 376 (F) of IPC clearly states that if the victim’s age is below 18 years then her consent has no meaning and her consent would be treated as not free consent.
The girl’s age as per record was 15 years, five months and 29 days, hence the act of accused would come under the ambit of rape. Therefore, without making any comment on the merits of the case, he observed that as there were not sufficient grounds for granting bail, hence the bail application of Suraj was being rejected.
According to Sushil Kumar Verma, additional district government counsel, the victim in her statement had stated that she and accused Suraj were Facebook friends. Suraj, a resident of Mahendragarh (Haryana) had met with her for the first time on January 14, 2021 at Kanpur.
The next time he visited Kanpur to meet her was on March 11, 2021. On July 13, 2021, he again came and asked her to meet at the Jhakarkatti bus stand early in the morning. She reached there and Suraj took her to Mahendragarh via Delhi.
There he lodged her at his maternal uncle’s house and married her in a temple. She stayed there for one month and in this period he established physical relations with her consent.
The accused in his bail application claimed that the victim had told him her date of birth was 15.01.2004. She was an adult. Both lived like husband and wife.
He had neither forced her nor physically exploited her. The victim herself had stated that she was living as a wife. Therefore, he had not committed any offence.
He has been in jail since August 11, 2021, therefore, he should be released on bail, the ADGC informed TOI.

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