New Delhi. The Delhi High Court has said that the Protection of Children from Sexual Offenses-POCSO Act aims to protect children from sexual exploitation, but It was never intended to criminalize consensual romantic relationships between underage adults. However, the court cautioned that it is necessary to consider the nature of the relationship based on the facts and circumstances of each case, as in some cases the victim may be under pressure to compromise.
The High Court made this observation while granting bail to a boy who was married to a 17-year-old teenager, who was detained under the POCSO Act. The court observed that in the present case the girl was not compelled to have a relationship with the boy. The High Court said that it was clear from the statement of the girl that the two had a romantic relationship and they had consensual sex.
Justice Jasmeet Singh in his judgment said, “In my opinion the object of POCSO was to protect children below the age of 18 years from sexual harassment. It was never intended to criminalize consensual romantic relationships between underage adults.” However, it should be looked into on the basis of facts and circumstances of each case, he said. There may be cases in which a victim of a sexual offense may be forced to compromise due to coercion or harassment.
The court said that while granting bail, the relationship of consensual love based on love has to be considered and in the present case, leaving the accused to suffer in jail would amount to a mockery of justice.
The High Court said, though the victim is a minor and hence her consent has no legal implications, but we are of the view that while granting bail, the facts of a consensual relationship based on love should be considered. Ignoring the statement of the victim in the present case and leaving the accused to suffer in jail would amount to willful denial of justice.
The court directed the accused to be released on bail on a personal bond of Rs 10,000 and a guarantee of like amount. The High Court asked the accused to cooperate in the investigation, surrender his passport and not indulge in any criminal activity. (Language)
