The Delhi High Court has firmly held that a boy’s friendship with a girl cannot be construed as a license to engage in any form of physical relationship without her consent, particularly when the girl is legally a minor. The observation came while rejecting a bail plea filed by an individual accused of repeated misconduct towards a minor girl.
Justice Girish Kathpalia, in a recent order dated July 24, ruled that even if any form of consent is claimed, it carries no legal significance when the individual concerned is below the age of majority. The Court categorically stated that mutual familiarity or emotional connection does not translate into permission for physical interaction, especially in the absence of lawful capacity to consent.
The Bench noted that the First Information Report and the girl’s recorded statements contained specific allegations of repeated misconduct despite her objection. It held that such serious assertions effectively rule out any possibility of a voluntary relationship.
The accused had contended that the girl was an adult and that the interactions were consensual. However, this argument was strongly rebutted by the Court, which relied on official school records establishing the girl’s age as below 18 during the relevant period. “A single line from the mother's statement cannot be interpreted in isolation of the full record,” the Court observed.
According to the prosecution, the accused, a daily wage worker employed in the NDMC flats at Vikaspuri, had developed an acquaintance with the minor in April 2023. Thereafter, he is alleged to have acted inappropriately towards her over several months until November 2023, also warning her against disclosing the events.
The Court further remarked that examining the credibility or admissibility of evidence in detail is not appropriate at the bail stage. The presiding judge concluded that the nature and seriousness of the allegations, coupled with the statutory framework under the POCSO Act, made the case unfit for bail.
Accordingly, the application for bail was denied.
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