The Delhi High Court has acquitted a man previously convicted of raping a 17-year-old girl, ruling that the physical relations were consensual and part of adolescent love. Justice Jasmeet Singh presided over the case, overturning the conviction of the man who was 19 at the time of the incident in 2014. The case had been prosecuted under the stringent Protection of Children from Sexual Offences (POCSO) Act.
The court emphasized that classifying the relationship as rape would constitute a “perversity of justice.” Justice Singh pointed out the close ages of the individuals involved and highlighted the mutual consent apparent in their actions. The court’s decision reflects a significant judicial stance on interpreting the age of consent within the context of adolescent relationships, advocating for a balance between protection and the recognition of consensual young love.
In the initial proceedings, the girl, who had been reported missing by her father in 2014, was found living with the man in Ghaziabad. She testified that they had married in a temple and were living together voluntarily, sharing consensual physical relations. Despite her testimony, a trial court had sentenced the man to seven years’ rigorous imprisonment.
Challenging his conviction, the man argued that the trial court had failed to recognize the consensual nature of their relationship. The Delhi High Court agreed, stating that the prosecution had not convincingly proven the girl’s age beyond reasonable doubt, and hence the benefit of the doubt should go to the appellant.
Justice Singh called for a more compassionate and understanding approach to cases involving adolescent relationships. He asserted that the law should evolve to protect adolescents from exploitation and abuse while allowing them to express their feelings and engage in relationships without fear of criminalization.
The ruling underscores the importance of context and consent in cases under the POCSO Act, advocating for legal interpretations that consider the nuances of adolescent relationships. This decision follows a similar ruling by the same judge earlier in January, where another young man was acquitted under the POCSO Act, with the court citing well-reasoned judgment from the trial court.
