POCSO Act will prevail over personal laws: Karnataka HC rejects bail plea of rape-accused

Team Udayavani, Nov 1, 2022, 1:09 PM IST

Bengaluru: The Karnataka High Court bench rejected the bail petition of a POCSO accused stating that the POCSO and IPC acts are supreme and overrides personal laws.

The accused had sexually assaulted a 16-year-old girl after luring her to come to a lodge.

The 19-year-old rape accused from Chikkamagaluru, who happens to be a Muslim had approached the Karnataka High Court seeking bail in the case citing that the Mohammedan law specifies normal puberty age as 15 years and it is considered the age of marriage also. It was also argued that since the accused is a Muslim, there is no jurisdiction of the POCSO act against him.

A bench headed by Justice Rajendra Badamikar observed that POCSO and IPC acts are supreme and override personal laws.

The bench remarked that under the guise of personal law, the petitioner can’t be granted bail.

The court rejected the bail even as a charge sheet was submitted in the case by saying that there is a chance of tampering with evidence.

With IANS inputs