HC: Pocso never meant to criminalise consensual ties
Prayagraj: The
Allahabad high court
has observed that the Protection of Children from Sexual Offences (POCSO) Act, which was enacted to protect children under the age of 18 years from sexual exploitation, has now become a tool for their exploitation.
While stressing that the Act was "never meant to criminalise consensual romantic relationships between adolescents", Justice Krishan Pahal said that the fact of a consensual relationship borne out of love should be considered while granting bail.In its order dated April 29, the court 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 court made these observations while granting bail to an 18-year-old boy, who was booked under sections 137(2), 87, 65(1) Bhartiya Nyaya Sanhita (BNS) and 3/4(2) of the
Pocso Act
at chakiya police station of Chandauli district for allegedly committing rape of a 16-year-old girl.The accused – Raj Sonkar, who is the applicant in this present case –was arrested in March this year.
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His counsel contended before the high court that it is a case of consensual relationship and that there is no medical corroboration of the alleged crime.It was also submitted that there is no criminal antecedent of the applicant and if he is released on bail, he will not misuse the liberty of bail.
Considering the facts and circumstances of the case, the evidence on record, and taking into consideration the inordinate delay of fifteen days in institution of FIR and there being no medical corroboration of the incident, the court, without expressing any opinion on the merits of the case, granted him bail.
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