NEW DELHI: The Delhi High Court has granted bail to a 21-year-old man accused of raping a minor, highlighting the legal and societal challenges faced in cases involving teenage romantic relationships. Justice Subramonium Prasad, presiding over the case, criticised the misuse of the Protection of Children from Sexual Offences (POCSO) Act, emphasising that the provision has been improperly applied in cases where young couples are involved.
The petitioner, who has been incarcerated for three years, was accused of engaging in a sexual relationship with a 17-year-old girl. The case, which initially saw charges of kidnapping, aggravated penetrative sexual assault, and rape, emerged from a “missing” complaint filed by the girl’s mother. The complainant later retracted her statements, asserting that she had willingly eloped with the petitioner, married him, and was now pregnant.
Justice Prasad noted the complexity surrounding such cases, where consensual relationships between individuals close in age – particularly those just below and just above the legal age of consent – often fall into a “legal grey area.”
The judge expressed concern that prolonged imprisonment might adversely impact the petitioner’s future, potentially leading to his transformation into a hardened criminal.
In his ruling, Justice Prasad underscored that the current legal framework might not always account for the nuanced realities of teenage relationships. He pointed out that POCSO cases are sometimes filed by families opposed to their children’s romantic choices, leading to potential misuse of the law. The court observed that in this case, the FIR appeared motivated by the parents’ disapproval of the petitioner’s refusal to convert his religion, suggesting that the prosecutrix may have been pressured to alter her statements.
The court’s decision to grant bail is accompanied by conditions, including a security deposit of Rs 20,000 and two sureties of the same amount.
‘Legal grey area’
In his ruling, Justice Prasad noted that the current legal framework might not always account for the nuanced realities of teenage relationships. POCSO cases are sometimes filed by families opposed to children’s romantic choices, leading to potential misuse of the law, the court said, noting that consensual relationships between those close in age fall in a “legal grey area.”