Uttarakhand High Court Rejects Bail in POCSO Case, Notes DNA Evidence and Alleged Forced Conversion

Bail refused despite defence based on alleged consent

The Uttarakhand High Court rejected a bail plea in a serious case involving charges under the POCSO Act and allied penal provisions. The defence argued that the victim had not supported the prosecution during trial and that the relationship was consensual. The Court rejected that submission and reiterated that where the victim is a minor, consent has no legal relevance under the POCSO regime.

The Court placed significant weight on the forensic material. It noted that the DNA evidence strongly linked the accused with the alleged sexual assault and that scientific material could not be ignored merely because the victim had resiled from parts of her earlier version. The Court also noticed allegations that the accused had concealed his identity and that there were elements of forced religious conversion in the factual matrix.

In view of the gravity of the allegations, the statutory scheme protecting minors and the strength of the forensic material, the Court declined to enlarge the accused on bail.