Case Law Analysis
|Himachal Pradesh High Court
POCSO Act | Consensual Marriage + Childbirth Justify Bail Despite Minor Victim: Himachal Pradesh HC Reinforces Family Unity Over Strict Liability
Himachal Pradesh High Court grants bail under POCSO Act where the minor victim, now married to the accused and mother of his child, consents to the relationship. The court held that continued incarceration disrupts family unity and violates the presumption of innocence, setting a precedent for balancing child protection with social realities in consensual minor marriages.