POCSO Act Not Meant To Criminalise Consensual Romantic Relations: Allahabad High Court

Stressing that the Act was never meant to criminalise consensual romantic relationships between adolescents, a bench of Justice Krishan Pahal said that the fact of a consensual relationship borne out of love should be considered while granting bail.

The single judge added that it would amount to perversity of justice if the statement of the victim was ignored and the accused was left to suffer in jail.

The bench made these observations while granting bail to a 18-year-old boy booked under Sections 137(2), 87, 65(1) B.N.S. and 3/4(2) POCSO for allegedly committing rape against a 16-year-old girl.

Counsel for the Accused, arrested in March this year, contended before the HC that it is a case of consensual relationship and that there is no medical corroboration of the incident.

It was also submitted that there is no criminal antecedent of the applicant and if he is released on bail, he will not misuse the liberty of bail.

Considering the facts and circumstances of the case, the evidence on record, and taking into consideration the inordinate delay of fifteen days in institution of FIR and there being no medical corroboration of the incident, the bench, without expressing any opinion on the merits of the case, granted him bail.