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Karnataka High Court<\/b>: While deciding the instant application seeking regular bail for offences under the provisions of Prohibition of Child Marriage Act, 2006<\/a>* and Protection of Children from Sexual Offences Act, 2012<\/a> (POCSO), the Bench of Rajendra Badamikar, J., held that POCSO Act is a special legislation, and it overrides any personal law.<\/p>\n Facts and Contentions:<\/b> The accused\/petitioner is the husband of a 17-year-old Muslim girl, who came to know about her pregnancy when she visited a Primary Health Centre for a check-up. A complaint was thus lodged against the accused\/petitioner by the Sub-Inspector of R.K. Puram Police Station, based on information furnished by the Medical Officer who examined the victim-wife. It was alleged that the victim’s marriage to the petitioner was solemnized when she was still a minor. Sexual intercourse with her husband resulted in her pregnancy.<\/p>\n The complaint was filed under Sections 9<\/a> and 10<\/a> of the Prohibition of Child Marriage Act<\/a> and Sections 4<\/a> and 6<\/a> of the POCSO Act<\/a>. The petitioner’s application for bail was rejected by the Sessions Judge, therefore, he approached the High Court in the instant petition.<\/p>\n The petitioner’s counsel argued that under Muslim Law, the consideration for marriage is puberty and the normal age of puberty is treated as 15 years; hence, it was contended that no offence was committed under the provisions of POCSO Act and Prohibition of Child Marriage Act, 2006<\/a>.<\/p>\n