The Delhi High Court has granted bail to a 20-year-old man in a rape and POCSO case arising out of "juvenile romance" while noting that the girl herself offered to stand as "surety" for him for his release.
Prima facie relationship consensual, FIR was filed by girl's mother
While dealing with the bail plea of the boy in the FIR registered at the insistence of the girl's mother, Justice Anup Jairam Bhambhani said that prima-facie, there was a consensual physical relationship between the petitioner and the girl who were 18 and 17 years old, respectively, at the relevant time.
The petitioner's lawyer argued that it was a case of juvenile romance and the girl 'X' - who is now a major - regards the petitioner as her husband and wished to live with him.
Accused in custody since two years
The judge directed the release of the petitioner, who was in custody for over 22 months, on personal bond of Rs10,000 with two local sureties and said this was a "sui-generis" case as "X has even offered to stand 'surety' for the petitioner if he is admitted to bail, since it would appear that 'X' would perhaps be the only local surety available to the petitioner, who otherwise hails from Bihar".
The FIR under sections 363 (Punishment for kidnapping)/366 (Kidnapping, abducting or inducing woman to compel her marriage)/376 (Punishment for rape) IPC and section 6 (Punishment for aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) was registered after X's mother reported that she had gone missing.
Girl no longer a minor, voluntarily married the accused
In the order dated December 21, the court recorded that admittedly, X has borne a child with the petitioner and is currently living with his parents and she has "consistently maintained" that she had accompanied him by her own free volition and got married to him.
The court further said that at the relevant time, X was "at the cusp of majority, being about 17 years, 08 months old" and after interacting with her in person, it "found that X completely and wholeheartedly endorses and affirms" her stand.
It thus opined that the circumstances of the case favoured grant of bail to the petitioner and ordered, "Accordingly, the petition is allowed; and the petitioner is admitted to regular bail during the pendency of the trial."
In a landmark ruling last month, the Delhi HC had unequivocally upheld that the intention behind POCSO is to protect children from sexual exploitation but it was never meant to criminalise consensual romantic relationships between young adults. It, however, cautioned that the nature of the relationship has to be seen from facts and circumstances of each case as the survivor in some cases may face pressure to settle. The court's observation came while granting bail to a boy who married a 17-year-old girl and was subsequently apprehended under the Protection of Children from Sexual Offences (POCSO) Act.
(With inputs from PTI)
