NEW DELHI: Granting bail for two months to a young man in a POCSO case arising from his consensual relationship with a minor girl, the Delhi High Court has said teenage psychology and adolescent love cannot be controlled by courts and judges have to be careful while handling bail pleas in such cases.
Justice Swarana Kanta Sharma said although a minor’s consent may be of no value in the eyes of the law, the court is “not dealing with criminals” in cases of the elopement of adolescent couples but “teenage individuals who wanted to live their life as they deemed fit being in love”.
The court noted in the present case, the prosecutrix and the accused were stated to be 16 and 19 years of age, respectively, at the relevant time and were now going to get married at the end of the month, and directed the latter to be released for two months.
“The main character i.e. the present accused is not a criminal, but was merely in love and at the instance of her lady love, being unaware of the nitty-gritties of law, had taken her to a place which was 2200 km away from Delhi to lead a peaceful life...Love of course did not understand or knew the bar of age of consent as the lovers only knew that they have the right to love and lead life as they thought fit for themselves,” said the court in its order dated May 8.
“Considering the overall facts and circumstances of the case, the accused/applicant is admitted to bail, for a period of two months from the date of release, on furnishing personal bond in the sum of Rs.10,000 with one surety of like amount,” it ordered.
The court clarified that every case of such nature has to be adjudged on its own peculiar facts and circumstances, and the age is in the shadow of a doubt as well as the consistency in the statement of the prosecutrix and lack of inducement or threat in such cases needed to be considered.