POCSO never meant to criminalise consensual relationships: HC
PRAYAGRAJ, May 9 -- The Allahabad high court observed that the Prevention of Children from Sexual Offences (POCSO) Act, which was enacted to protect minors from sexual exploitation, has now become a tool for their exploitation.
Stressing that the Act was never meant to criminalise consensual romantic relationships between adolescents, the bench of Justice Krishan Pahal said that the fact of a consensual relationship borne out of love should be considered while granting bail.
Justice Pahal added that it would amount to perversity of justice if the statement of the victim was ignored and the accused was left to suffer in jail.
The bench made these observations while granting bail to an 18-year-old boy, who was booked under sections 137(2), 87, 65(1) of the Bharatiya Nyaya Sanhita (BNS) and 3/4(2) of POCSO Act by the Chakiya police in Chandauli district for allegedly raping a 16-year-old girl.
The lawyer of accused Raj Sonkar, who was arrested in March this year, had submitted before the court that it was a case of consensual relationship and that there was no medical corroboration of the incident. The lawyer also contended that there was no criminal antecedent of the applicant and if he was released on bail, he would not misuse the liberty.
Considering the facts and circumstances of the case, the evidence on record, and taking into consideration the inordinate delay of 15 days in registering the FIR and the absence of no medical corroboration of the incident, the court, in its order dated April 29, granted him bail without expressing any opinion on the merits of the case....
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