The Allahabad High Court opined that POCSO Act was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation. The Act was never meant to criminalise consensual romantic relationships between adolescents. However, this has to be seen from the facts and circumstances of each case.
Brief Facts:
The Applicant has sought bail in case registered under Sections 363, 366, 376(3) IPC and 5L/6 Protection of Children From Sexual Offences Act.
Contentions of the Applicant:
It was argued that the applicant was absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him.
Further, it was submitted that the victim was sent for ossification test and it is learnt that her age has come out to be 19 years.
Observations of the Court:
It was observed that the ossification test report indicated that the victim was actually 19 years old, the victim was legally an adult and, therefore, the application of the POCSO Act may be inappropriate in this case.
It was ruled that the POCSO Act is designed to protect minors, but in this case, it appears to have been misused due to the false information provided by the informant. This misuse not only harmed the applicant but also undermines the credibility and integrity of the legal system and the POCSO Act itself.
The Bench opined that POCSO Act was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays more often than not it has become a tool for their exploitation. The Act was never meant to criminalise consensual romantic relationships between adolescents. However, this has to be seen from the facts and circumstances of each case.
The decision of the Court:
Based on aforementioned facts and findings, bail was granted.
Case Title: Prakash Kumar Gupta v. State of UP & Ors.
Case No.: Criminal Misc. Bail Application No. 19345 of 2024
Coram: Hon’ble Mr. Justice Krishan Pahal
Advocates for Applicant: Advs. Raj Kumar Singh,Sunil Kumar Singh
Advocate for Respondent: Adv.Ajeet Kumar Singh
Read More @LatestLaws.com:
Picture Source :
