POCSO Act Not A Tool To Enforce Society's Outdated Moral Codes': Orissa High Court Grants Interim Bail To Accused To Marry Victim

The Orissa High Court granted bail to an accused individual in a case under the Protection of Children from Sexual Offences (POCSO) Act, taking into consideration the romantic nature of the relationship between the accused and the minor victim. The court observed that the girl had eloped with the accused out of her own free will due to their love affair, and they had subsequently gotten married. In its judgment, the court differentiated the case from instances of predatory sexual assault, noting the absence of coercion or force. It emphasized that while the law must be strictly applied to protect minors, the specific facts and circumstances of each case, including the existence of a consensual romantic relationship, must be considered when deciding on bail. This approach aims to balance the protective intent of the POCSO Act with the principles of justice and prevent the automatic and prolonged detention of young individuals in such cases.