The Delhi High Court, on Wednesday, granted bail to a 21-year-old man involved in a POCSO case concerning his relationship with a minor girl, highlighting the complexities and potential misapplications of the law in cases of young love. Justice Subramonium Prasad presided over the case, wherein the accused was in a consensual relationship with a 17-year-old girl.
The court recognized the “legal grey area” that arises when a girl just below 18 is involved in a consensual relationship with a boy slightly older than 20. It noted that while the law does not recognize consent from minors, the strict application in such cases often leads to the wrongful incarceration of young men due to family objections to these relationships.
The FIR was initially lodged by the girl’s mother after she reported her daughter missing. It later emerged that the daughter had eloped with the accused, leading to charges under the IPC and POCSO Act for kidnapping, aggravated penetrative sexual assault, and rape. The girl had initially supported her decision to elope and stated she was married and pregnant but subsequently retracted her statements, likely under parental pressure.
In his ruling, Justice Prasad emphasized the potential damage prolonged incarceration could have on the youth, stating, “The future of a youngster cannot be ignored… The chances of him coming out as a hardened criminal are very high.” The court criticized the habitual misuse of the POCSO Act by families who disapprove of their daughters’ romantic relationships, noting that such applications of the law lead to young men “languishing in jails.”
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Further examination revealed that the complainant had previously eloped twice, aware of her relationship, indicating familial disapproval based on religious grounds might have influenced the legal actions taken.
