NEW DELHI: Concerned over the “unfortunate” practice of police invoking provisions of sexual assault at the behest of a girl’s family objecting to her involvement with a boy, the Delhi High Court has said the rigor of POCSO law is being “misapplied” and “misused”.
The HC, granting bail to a 21-year-old man who was accused of raping a minor girl with whom he claimed to be in a relationship, said it couldn’t ignore the friendship between the two and added that it appeared the FIR was lodged at the insistence of the girl’s family which was embarrassed on finding out that she was pregnant.
“Consensual sex has been in legal grey area because the consent given by minor can’t be said to be a valid consent in the eyes of law. The short question which arises is as to whether the petitioner (man) should be granted bail or not. Whereas, what has become a trite and unfortunate practice is that the police are filing POCSO case at the behest of the family of a girl who object to her friendship and romantic involvement with a young boy. The rigor of the law is therefore misapplied and subsequently misused,” said Justice Subramonium Prasad.
The court said the age of man and girl, photographs which categorically pointed towards a relationship
and discrepancies in statements given at the time of recordings of medical report, FIR and before the magistrate tilt the balance towards grant of bail. It said it appeared that to avoid embarrassment and to get the pregnancy terminated, the FIR was filed giving it colour of sexual exploitation.
The court, which noted that the girl had no objection to grant of bail to the man, said they both were more or less of the same age and this fact couldn’t be overlooked that the accused was only 21-year-old, having a complete life ahead of him.