Absence of Element of Force Not a Ground for Bail under POCSO Act: KHC

The Karnataka High Court (KHC) rejecting a bail plea, of a accused charged under Sec. 4 & 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), stated that minor girl’s consent cannot be taken as a gospel truth. The main contention of the accused was that the victim, minor girl, is a consenting party & thus, there is absence of element of force. However, the KHC said “taking note of the object sought to be achieved by enacting POCSO Act, the Court is of considered opinion that the grounds urged in the petition are hardly sufficient” to grant him bail.