Allahabad High Court: In a bail application for offences under Sections 363, 366 of the Penal Code, 1860 (‘IPC’) and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO’), Krishan Pahal, J. while granting bail to the accused said that POCSO Act was never meant to criminalise consensual romantic relationships between adolescents. The fact of consensual relationship borne out of love should be taken into consideration while granting bail because it would amount to perversity of justice, if the statement of victim was ignored and accused was left to suffer behind jail.
As per the prosecution, the applicant in connivance with the other accused persons enticed away the minor girl at night on 13-05-2023. It was also alleged that the girl has taken mangalsutra of her sister-in-law and Rs. 10,000 from the house.
The applicant submitted that there has been a delay of 12 hours in filing the FIR without any explanation for the said delay caused. It further stated that as per the school leaving certificate the girl’s date of birth is 10-07-2008, which is just two months less than 15 years. However, she looks much older than her mentioned age in the school certificate. It also submitted that the said certificate is from a local school and cannot be taken into consideration. No ossification teat has been conducted. Further, the applicant has been in jail since 18-05-2023.
The Court said that POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays, often it has become a tool for their exploitation. The Act was never meant to criminalise consensual romantic relationships between adolescents. However, this has to be seen from the facts and circumstances of each case.
As per the Court, the fact of consensual relationship borne out of love should be taken into consideration while granting bail because it would amount to perversity of justice if the statement of victim was ignored and accused was left to suffer behind jail.
Thus, while keeping in view the nature of the offence, evidence, statement of victim, larger mandate of Article 21 of the Constitution, the Court granted bail to the accused.
[Mrigraj Guatam v State of UP, 2023 SCC OnLine All 2184, Order dated 26-10-2023]
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