Mere Friendship Can't Give Liberty To Indulge In Sexual Intercourse Without Consent: Delhi High Court

The Delhi High Court has observed that mere friendship cannot give liberty to a boy to indulge in sexual intercourse with a girl without her consent.

“….merely because a girl befriends a boy, the latter cannot be given liberty to indulge into sexual intercourse with her without her consent,” Justice Girish Kathpalia said.

The Court made the observation while denying bail to a man in a POCSO case. It was alleged that the accused, a construction labourer, allured a minor girl, became friends with her and repeatedly raped her till November 2023.

It was his case that it was a clear case of consensual relations between the parties and that at the time of the alleged incidents, the prosecutrix was major in age.

Rejecting the plea, the Court said that a single handpicked line from the testimony of the prosecutrix's mother cannot be read in isolation of the remaining material on record. It noted that the prosecution had filed along with the chargesheet, her educational record establish her age, adding that the Court cannot minutely examine evidence in a bail application.

Noting that even the consent would not be lawful because the prosecutrix was minor in age, the Court said that she had stated that the accused repeatedly indulged in sexual intercourse with her despite her objections.

“I am unable to find it a case of consensual relations merely because in the FIR the prosecutrix stated that the accused/applicant with his sweet talk befriended her,” the Court said.

Title: MOHAMMAD SHAHID @ SAHID v. STATE OF (NCT) OF DELHI & ANR.