Consensual Teenage Relationship: Delhi High Court Grants Bail To Accused In POCSO Case As 'Victim' Says She Wants To Marry Him

The Delhi High Court has granted bail to a 21-year-old in a case registered under Protection of Children from Sexual Offences (POCSO) Act after the prosecutrix, who was 17 years old on the date of commission of alleged offence, submitted that she is desirous of marrying him. The couple already have a child, who is now about 18 months old.

The petitioner was in custody for more than one year as on January 16 in the case registered in November 2021 under Sections 363, 366, 366A and 376 of the Indian Penal Code and Section 6 of the POCSO Act.

The counsel representing the petitioner told the court that the prosecutrix on the date of alleged commission of offence was 17 years old and the petitioner was 19 years old. "The relationship between the two was consensual and there was no element of pressure or coercion, much less any violence or assault," the counsel submitted,

Reliance was placed on Dharmander Singh @ Saheb vs. The State (Govt. of NCT, Delhi), Bijender Mehto vs. GNCT of Delhi and other judgments to argue that the court has consistently held that a lenient view may be taken even in cases under the POCSO Act, where it appears that in respect of the offence alleged, "there was approval-in-fact though not consent-in-law; and the age-difference between the accused and the prosecutrix was minimal."

It was also argued that since charge has not yet been framed, the impediment of section 29 of the POCSO Act does not get triggered. 

Justice Anup Jairam Bhambhani in the order recorded that the prosecutrix, who was present in-person along with her parents, has categorically stated that she is desirous of marrying the petitioner, with whom she already has a child. "The prosecutrix stands by her statement even today," the order reads.

The court also recorded that the petitioner is also desirous of marrying the prosecutrix. It said "for whatever it is worth, his parents also have no objection to the marriage."

"In view of the above, and in light of the precedents cited, this court is of the view that the petitioner is entitled to grant of regular bail," said the court, while granting bail to the accused.

Title: AKASH versus STATE OF NCT OF DELHI & ANR

Citation: 2023 LiveLaw (Del) 139

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