UMESH A.TRIVEDI,J. - (1.)This Appeal is filed praying for an order of regular bail under Section 14 A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act') in connection with offence registered at CR. No.Part B 11821005200426 of 2020 with Devgadh - Baria Police Station, Dahod for the alleged offence punishable under Sections 363 and 366 of the Indian Penal Code for which FIR is registered as also under Sections 3(2)(v) and 3(2)(va) of 'the Act'. However, on conclusion of investigation, charge-sheet came to be filed for offence under Sections 363, 366 as also Section 376 of the Indian Penal Code and under Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012 over and above Sections 3(2)(v) and 3(2)(va) of 'the Act'.
(2.)Mr. Kumar Trivedi, learned advocate for Mr. Maulik Soni, learned advocate for the appellant, submitted that the appellant is aged 20 years whereas the victim is aged 16 years and 8 months having acquaintance with each other since long and they have had physical relations also. It is further submitted that though consent or no consent may not make any difference for commission of an offence with the victim, who is less than 18 years, since they are quite young and intended to marry each other, they eloped together and stayed as husband and wife as coming out from the statement of the victim herself, which is annexed alongwith the Appeal as also seen from the papers of the investigation furnished by the learned Additional Public Prosecutor, and therefore, he has submitted that on conclusion of trial, if evidence is adduced against the appellant, he can be suitably punished, and therefore, in such peculiar facts and circumstances, he be granted regular bail, more particularly, when investigation is over and charge-sheet is filed.
(3.)As against that, Ms. C.M. Shah, learned Additional Public Prosecutor, submitted that since the alleged offence is committed with the victim, who is below 18 years of age, even if the act is with the consent of the victim, it constitutes an offence both under the Penal Code as also under the POCSO, and therefore, she has submitted that the appellant be refused regular bail.