'No One Is Victim Or Victimiser': Delhi HC Grants Interim Bail To Man Booked Under POCSO Act For Establishing Relations With Minor Wife
The Delhi High Court has granted interim bail to a young man in a POCSO case, after the Delhi Police claimed that his wife was a minor at the time of their consensual relationship before their marriage, making her consent irrelevant. Justice Arun Monga noted that it was a peculiar case where no one was a victim, nor a victimizer, nor even a complainant, yet the accused aged 24 years was...
The Delhi High Court has granted interim bail to a young man in a POCSO case, after the Delhi Police claimed that his wife was a minor at the time of their consensual relationship before their marriage, making her consent irrelevant.
Justice Arun Monga noted that it was a peculiar case where no one was a victim, nor a victimizer, nor even a complainant, yet the accused aged 24 years was alleged to be in conflict with law.
“What makes the matter more conspicuous is that the two of them, subsequent to the consensual relationship, married under Islamic Law, a valid marriage certificate issued by the Qazi has been placed on record, and the couple has even been blessed with a son,” the Court noted.
The wife, aged 20 years, who was present before the Court said that she, along with their infant son, was “forcibly” confined in a Child Welfare Centre. She said that it was nothing short of imprisonment without any fault of her own.
Granting relief to the accused, the Court noted that he has been languishes in jail during the pendency of trial in the FIR dated June 15, 2024. Observing that both husband and wife found themselves deprived of liberty in a case where neither considered the other a victim, the Court said:
“Having heard the arguments on some length, I am of the view that the petitioner, who is present in Court, deserves to be set free forthwith on an interim bail pending the final view to be taken by this Court for which the matter is adjourned for 23.09.2025.”
Justice Monga ordered the police to ensure presence of both the wife and husband in the Court on the next date of hearing.
It further ordered that in the meanwhile, the accused shall be allowed to meet his wife and his minor son for two hours everyday at the Child Welfare Centre.
“This Court also deeply appreciates the assistance rendered by the experts on the Islamic Law, as noted in the presence sheet of the instant order. I must also place on record sincere appreciation for the able assistance being rendered by Amicus Curie, Ms. Nandita Rao, Senior Advocate, in striving to adjudicate the controversy in hand,” the Court said.
Title: HAMID RAZA v. STATE OF NCT OF DELHI
Citation: 2025 LiveLaw (Del) 1153