New Delhi: The Delhi High Court has acquitted a man of charges of raping a minor saying it it was a case of adolescent love and the physical relations were established consensually between the two and therefore, to convict the man under the Protection of Children from Sexual Offences (POCSO) Act would be a perversity of justice.
Justice Jasmeet Singh was hearing an appeal filed by the man, who was 19 at the time of the incident in 2014, and was accused of raping a 17-year-old girl.
Physical relations were established with the consent of the prosecutrix: High Court
The High Court said that the prosecution has not been able to prove the age of prosecutrix beyond the reasonable doubt and hence, the benefit of doubt has to accrue to the appellant and further, the physical relations between the appellant and the prosecutrix were established with the consent of the prosecutrix.
It was a case of adolescent love and physical relations were established consensually: High Court
“What cannot be lost sight of is that, at the time of the incident, the appellant was 19 years of age and the prosecutrix was about 17 years of age. Thus, it was a case of adolescent love and the physical relations were established consensually. Therefore, to convict the appellant under the POCSO Act would be a perversity of justice, Justice Singh said.
The High Court further said that the legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being and a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love is required.
Adolescents should be allowed to express their feelings and engage in relations without fear of criminalization: High Court
“While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relations without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love. I am of the view that consensual and respectful adolescent love is a natural part of human development,” the High Court said.
The man was convicted under section 376 of Indian Penal Code (IPC) and section 4 of POCSO Act by the trial court in 2019 and was awarded seven years of rigorous imprisonment.
