Young Boys Who Have Genuinely Fallen In Love With Girls Aged Just Below 18 Years Languishing In Jails Due To Misapplication Of POCSO Act: Delhi HC
The Delhi High Court observed that the law is misapplied in POCSO cases where girls’ families often target young boys involved in consensual romantic relationships with girls under 18, resulting in the imprisonment of young boys.
The Court was hearing a Bail Application in an FIR registered initially for the offences under Sections 363 IPC which was later on converted to offences under Sections 363/366/376 IPC and Section 6 of the POCSO Act.
The bench of Justice Subramonium Prasad observed, “This Court has been constantly seeing that POCSO cases are being filed at the behest of the girl’s family who object to her friendship and romantic involvement with a young boy and the law is being misapplied in such cases which results in young boys, who have genuinely fallen in love with girls who are just below 18 years of age, languishing in jails.”
Advocate J.P. Singh appeared for the Appellant and APP Shoaib Haider appeared for the Respondent.
Brief Facts-
A complaint was filed by the mother of a 17-year-old girl who claimed that her daughter had gone missing. An FIR was registered and the subsequent investigation revealed that the girl had previously gone missing twice. She said that she had left willingly and married the petitioner. She mentioned her family demanded the Petitioner convert to Islam for acceptance of the marriage. Due to her minor status, Sections 366/376 IPC and Section 6 of the POCSO Act were added to the FIR, leading to the petitioner’s arrest. In Section 164 Cr.P.C. statement, she claimed the petitioner had raped her. The petitioner has approached the Court with the present bail application.
The Court observed, “Consensual sex between girls who are just below the age of 18 years and boys who are just above 20 years has been in a legal grey area because the consent given by a minor girl cannot be said to be a valid consent in the eyes of law.”
The Court said that the Petitioner, who is a young boy, continues to be in jail, and the chances of the Petitioner coming out as a hardened criminal are very high.
Considering the fact that the Prosecutrix has changed her stand in her statements and the fact that she has been found missing on two earlier occasions as well, and also the fact that the Petitioner is not of such strata that he would be in a position to influence the Prosecutrix, the Court granted bail to the Petitioner.
Accordingly, the Court disposed of the Petition.
Cause Title: Sahil v. State of NCT of Delhi
Appearance:
Appellant: Adv. J.P. Singh, Adv. Arjun Gupta, Adv. Sooraj Bhalla, Adv. Lalman Yadav, Adv. Neeraj Kumar Jha, Adv. Akash
Khatri and Adv. Gautam Singh
Respondent: APP Shoaib Haider, Adv. Faraz Maqbool, Adv. Sana Juneja and Adv. Chandan Kumar
