The Delhi High Court granted bail for 2 months to a younger man in a POCSO case
New Delhi:
Granting bail for 2 months to a younger man in a POCSO case arising from his consensual relationship with a minor woman, the Delhi High Court has mentioned teenage psychology and adolescent love can’t be managed by courts and judges must watch out whereas dealing with bail pleas in such circumstances.
Justice Swarana Kanta Sharma mentioned though a minor’s consent could also be of no worth within the eyes of regulation, the court docket is “not coping with criminals” in circumstances of elopement of adolescent {couples} however “teenage people who wished to dwell their life as they deemed match being in love”.
The court docket famous within the current case, the prosecutrix and the accused had been said to be 16 and 19 years of age, respectively, on the related time and had been now going to get married on the finish of the month, and directed the latter be launched for 2 months.
“The principal character i.e. the current accused will not be a felony, however was merely in love and on the occasion of her girl love, being unaware of the nitty-gritties of regulation, had taken her to a spot which was 2200 km away from Delhi to guide a peaceable life…Love in fact didn’t perceive or knew the bar of age of consent because the lovers solely knew that they’ve proper to like and lead life as they thought match for themselves,” mentioned the court docket in its order dated May 8.
“Considering the general details and circumstances of the case, accused/applicant is admitted to bail, for a interval of two months from the date of launch, on furnishing private bond within the sum of Rs.10,000/- with one surety of like quantity,” it ordered.
The court docket clarified that each case of such nature needs to be adjudged by itself peculiar details and circumstances, and the age being in shadow of doubt in addition to the consistency within the assertion of the prosecutrix and lack of inducement or menace in such circumstances wanted to be thought-about.
The FIR within the current case was lodged on a missing-person grievance by the sister of the prosecutrix in 2021 for alleged fee of offences underneath the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act.
The couple was subsequently present in Chennai and the prosecutrix maintained that she was in a relationship with the accused and so they ran away at her behest.
“Though, your entire story reads like story of a romantic novel or a movie about teenage love, in actual life, this court docket notes that it had two principal characters of their teenagers who liked one another, supported one another and by some means wished their relationship in marriage to be validated, and for that, the one concept that got here to the thoughts of the prosecutrix was giving start to a toddler from their union,” noticed the court docket.
It added that adolescent love needs to be scrutinised within the backdrop of the events’ actual life conditions and youngsters who “attempt to imitate romantic tradition of movies and novels” stay unaware in regards to the legal guidelines and the age of consent.
“The prosecutrix and the accused herein might need made a mistake within the affairs of the guts, nonetheless, the teenage psychology and adolescent love can’t be managed by the Courts and due to this fact the judges must watch out whereas rejecting or granting bail in such circumstances relying on the details and circumstances of every case,” mentioned the court docket.
“The social components and forces that function in any given case and the circumstances of circumstances of adolescent love reveal in a large proportion of circumstances that they might need to marry and calm down with one another,” it added.
The court docket underscored that in such circumstances of teenage love, “real harmless teenage girls and boys” languish in jail or in safety residence, which has a damaging impression on their future too.
“This court docket notes that in such circumstances, confinement in jail will trigger misery and can impression the psychological well being of the accused additionally. The court docket, nonetheless, is certain by the regulation as it’s and due to this fact, at this stage, in such circumstances can solely direct that the accused be granted his freedom of bail and never languish in jail,” mentioned the court docket.
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