POCSO Act Has Become Tool For Exploitation; It Was Never Meant To Criminalise Consensual Romantic Relationships Between Adolescents: Allahabad HC
The Allahabad High Court observed that POCSO Act has become a tool for exploitation and it was never meant to criminalise consensual romantic relationships between adolescents.
The Court added that the fact of consensual relationship borne out of love should be of consideration while granting bail.
The Court was hearing a bail application in a Case for offences under Sections 363, 366, 376(3) IPC and 5L/6 Protection of Children From Sexual Offences Act during the pendency of the trial.
The bench of Justice Krishan Pahal observed, “POCSO Act was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation. The Act was never meant to criminalise consensual romantic relationships between adolescents.”
Advocate Raj Kumar Singh appeared for the Appellant and Advocate Ajeet Kumar Singh appeared for the Respondent.
It is the case of the prosecution that the applicant enticed away the minor daughter of the informant aged about 13 years.
While noting the misuse of the POCSO in the present case, the Court said, “This situation exemplifies how the misuse of protective laws like the POCSO Act can lead to significant injustices. It underscores the need for careful verification of facts, especially in sensitive cases involving minors, to ensure that the law is applied appropriately and that justice is served for all parties involved.”
The Court said that the fact of consensual relationship borne out of love should be of consideration while granting bail because it would amount to perversity of justice if the statement of victim was ignored and accused was left to suffer behind jail.
The Court mentioned the Supreme Court decision in Manish Sisodia Vs. Directorate of Enforcement 2024 INSC 595 where according to the Court SC has again emphasised the very well-settled principle of law that bail is not to be withheld as a punishment is not to be forgotten. It is high time that the Courts should recognize the principle that “bail is a rule and jail is an exception”.
The Court summoned the Chief Medical Officer and Additional Director, Health to explain delays in conducting ossification tests, while noting that victims face undue harassment due to delays in the medico-legal radiological examination, primarily caused by a non of radiologists in various districts.
The Court said that the applicant has made out a case for bail.
Accordingly, the Court allowed the bail application.
The Court listed the matter for September 27, 2024.
Cause Title: Prakash Kumar Gupta v. State of U.P.
