‘Truce with survivor can’t provide bail to rape accused’

Surat: A local court has refused to grant bail to a 24-year-old rape accused even as a compromise was struck between his and the survivor’s families.Vishal alias Balli Jadav, a resident of Adajan, was arrested on June 29, 2019, after the 15-year-old girl’s mother lodged a complaint of kidnapping and rape against him alleging that he lured her with a promise of marriage. He was booked under IPC sections 376 (rape) and sections of The Protection of Children from Sexual Offence (POCSO) Act. Since his arrest, Jadav has been kept in judicial custody. Later, the complainant’s advocate had filed an affidavit in the court stating that they have reached a compromise with the accused and produced documentary evidence also in this regard. The court observed that it was a serious crime, and, when the offence was committed, the girl was a minor and therefore compromise can’t be considered. The court also observed that if the accused is released on bail, he might threaten the complainant and witnesses.Noting that the elders of the families intervened to strike a truce, the compromise cannot be considered for granting bail as the girl was 15 years and five months when the crime was committed.“Taking the victim’s age into consideration, her consent is useless,” the order stated. It further said that in this situation, compromise between the victim and accused can’t be taken into consideration at this stage. This case is lodged under POCSO and it is a serious crime, court ruled.