Delhi High Court Grants Bail in POCSO Case, Cites Romantic Relationship and Girl's Age
In a significant ruling, the Delhi High Court has granted bail to a youth booked under the Protection of Children from Sexual Offences (POCSO) Act for having a sexual relationship with his minor girlfriend. The court emphasized that this appeared to be a case of a consensual romantic relationship, with the girl on the verge of attaining majority at the time.
Court's Observations on Relationship and Consent
Justice Vikas Mahajan, in his order on Tuesday, noted that the FIR and statements from the girl under Sections 161 and 164 of the CrPC indicate she liked the petitioner and went with him to Agra of her own free will. The court stated, "Thus, it appears to be a case of romantic relationship between the petitioner and the prosecutrix." While acknowledging that a minor's consent holds no legal value, the judge pointed out that taking her age as 17 years, she prima facie showed sufficient maturity and intellectual capacity.
Factors Influencing the Bail Decision
The court considered two key factors in granting bail. Firstly, the accused had already spent over two years in jail. Secondly, a bone ossification test revealed the girl was on the verge of attaining majority when the relationship occurred. Justice Mahajan remarked, "Her romantic involvement with the petitioner is one of the considerations which tilts the balance in favour of the petitioner for the purpose of granting bail." The court also cited an earlier high court ruling that the POCSO Act was not intended to criminalize consensual romantic relationships between young adults.
Age Determination and Legal Clarifications
In cases under the POCSO Act where age is determined via bone ossification tests, the court underscored that the upper age in the reference range must be considered. Applying this principle, the age of the girl was taken as 17 years. The court clarified that these observations do not pertain to the merits of the case and emphasized that no violence or brutality was involved, stating, "The present is not a case where prosecutrix was subjected to any violence or brutality."
Witness Examination and Case Details
The court added that the complainant, her mother, and other witnesses have been examined, ruling out any possibility of the accused influencing them. This aspect further supported the bail decision. The ruling highlights the nuanced application of the POCSO Act in scenarios involving near-adult minors and consensual relationships, balancing legal strictures with contextual factors.
