Expressing concern over the unlucky apply of police invoking provisions of sexual assault on the behest of a woman’s household objecting to her involvement with a boy, the Delhi Excessive Courtroom has stated the rigor of POCSO regulation is being misapplied and misused.
The excessive court docket, granting bail to a 21-year-old man who was accused of raping a minor woman with whom he claimed to be in a relationship, stated it can not ignore the friendship between the 2 and added that it appeared the FIR was lodged on the insistence of the woman’s household which was embarrassed on discovering out that she was pregnant and this may result in a social backlash within the neighbourhood.
Consensual intercourse has been in authorized gray space as a result of the consent given by minor can’t be stated to be a sound consent within the eyes of regulation. The brief query which arises is as as to whether the petitioner (man) ought to be granted bail or not. Whereas, what has change into a trite and unlucky apply is that the police are submitting POCSO instances on the behest of the household of a woman who object to her friendship and romantic involvement with a younger boy. The rigor of the regulation is, subsequently, being misapplied and subsequently misused, Justice Subramonium Prasad.
The court docket stated the age of man and woman, pictures which categorically pointed in the direction of a relationship between the 2 and discrepancies within the statements given on the time of recordings of medical report, FIR and earlier than the Justice of the Peace are all mitigating elements which tilt the stability in the direction of grant of bail to the accused. It stated it appeared that to keep away from social embarrassment and to get the being pregnant medically terminated, this FIR has been filed giving it a color of sexual exploitation and bringing it within the ambit of the Safety Of Kids from Sexual Offences (POCSO) Act which envisages abolition of kid abuse.
The court docket, which famous that the woman has no objection to grant of bail to the person, stated they each are kind of of the identical age and this truth can’t be ignored that the accused is just 21-year-old, having a whole life forward of him. The court docket was knowledgeable that after being launched on bail, the person would keep together with his mother and father in Uttar Pradesh’s Hardoi and that the handle has been verified by the prosecution.
The person was directed to furnish a private bond of Rs 50,000 with two sureties of the like quantity and to not depart the district of Hardoi until for showing in court docket proceedings. The petitioner shall not, immediately or not directly, tamper with proof or attempt to affect the witnesses. Violation of any of those circumstances will consequence within the cancellation of the bail given to the petitioner, the court docket stated.
Based on the FIR, the woman complained that she was 16 years of age and a scholar of sophistication twelfth and in January final yr, the person used to stalk her whereas she was on her technique to college and he had expressed his intention to make buddies together with her however she resisted. It alleged that through the nationwide Covid-19 lockdown final yr, when she was coming back from a pal’s place, the person stopped her and took to a home and gave her some snacks after which she grew to become unconscious and fainted.
It alleged that when she awoke, she felt ache and realised that she had been raped however didn’t disclose it to her household at that stage. The woman alleged that after someday when she began vomiting, she was taken to a physician the place it was revealed that was pregnant and a case was lodged in opposition to the person and later her being pregnant was terminated.
The person, whereas in search of bail, submitted that he had developed friendship with the woman at school and whereas the woman was 18-year-old, he was 21-year-old and that the complainant has been coerced by her relations to file the FIR.