a The Delhi High Court recently granted bail to a young man accused of raping a girl with whom he was in a relationship, observing that the case is of love affair between the two.
“This court has been constantly seeing that POCSO (Protection of Children from Sexual Offences) cases are being filed at the behest of the girl’s family who object to her friendship and romantic involvement with a young boy and the law is being misapplied in such cases which results in young boys, who have genuinely fallen in love with young adolescent girls, languishing in jails,” Justice Subramonium Prasad observed.
Consensual sex between girls just below the age of 18 years and boys just above 20 years has been in legal grey area: High Court
The High Court further added, “Consensual sex between girls who are just below the age of 18 years and boys who are just above 20 years has been in legal grey area because the consent given by a minor girl cannot be said to be a valid consent in the eyes of law.”
What are the allegations against the petitioner?
The allegation against the petitioner is that he established physical relationship with the prosecutrix, who stated that she went with him on her own and that the relationship which has been established between them is consensual. The victim said in her statement that she and the petitioner were friends and are old enough to understand things.
Girl’s father lodged a missing complaint of his daughter in November 2021
The father of the girl had lodged a missing complaint of her daughter in November 2021 and his daughter was subsequently found to be living with the petitioner. The FIR was registered against the petitioner for offences of kidnapping, aggravated penetrative sexual assault and rape under the provisions of the Indian Penal Code and the POCSO Act.
High Court took note of the statement of girl given to doctors saying she went with petitioner on her own
The High Court said that it was not going into the question as to whether the petitioner has committed offences under the IPC and the POCSO Act or not at this juncture and concerned with as to whether a youngster who is in jail for about three years now should be granted bail or not in view of the fact that all the public witnesses, including the prosecutrix, have been examined.
The High Court also took note of the statement of the prosecutrix given to doctors that she went with the petitioner on her own and that he has not forced himself on her and that after they started living on rent in Uttarakhand and he tried to get a job.
The High Court further noted that the petitioner has been in custody since November 11, 2021 and that if he continues to be in jail, the chances him coming out as a hardened criminal are very high and the future of a youngster cannot be ignored by it at this juncture.
High Court granted bail to petitioner with certain conditions imposed on him
“In view of the law laid down by the Apex Court and in view of the fact that all the public witnesses, including the prosecutrix, have been examined, and also looking at the age of the petitioner, this court is of the opinion that no useful purpose would be served in keeping the petitioner further in custody. This court, therefore, is inclined to grant bail to the petitioner,” the High Court said and granted him bail with certain conditions.
