The Delhi High Court has granted bail to a young man accused of kidnapping and raping a minor girl, with whom he was reportedly in a romantic relationship. The decision comes after considerable deliberation over the application of laws in cases where the accused and the complainant are romantically involved but near the legal thresholds of adulthood.
Justice Subramonium Prasad highlighted the “legal grey area” surrounding consensual relationships involving girls just below 18 and boys slightly over 20, noting the frequent misapplication of the law that results in wrongful imprisonment. The court observed that these cases often arise from familial objections rather than evidence of non-consensual acts.
The case in question involved a young woman, 16 at the time, and her older boyfriend, who faced severe charges under the Protection of Children from Sexual Offences Act (POCSO) and the Indian Penal Code. These included kidnapping, aggravated penetrative sexual assault, and rape.
In November 2021, the girl’s father reported her missing, only for authorities to discover that she had willingly moved in with the petitioner. During the trial, statements from the girl indicated that she had acted of her own volition, contradicting the charges of force levied against her partner.
The court emphasized the youth’s prolonged pre-trial detention—nearly three years—and the potential for significant psychological and social detriment if his incarceration continued. With all public witnesses, including the victim, having testified, the judge expressed concern over the continued utility of keeping the young man behind bars.
