The Delhi High Court has granted bail to a 25-year-old man who was accused of kidnapping and sexually assaulting a minor girl, stating that the intention behind the Protection of Children from Sexual Offences (POCSO) Act is to protect minors from sexual exploitation and not to criminalize consensual romantic relationships between young adults.
The high court observed that the girl, who is a material witness in the case, did not support the prosecution's case, and her deposition indicated that she was involved in a romantic relationship with the accused. Justice Vikas Mahajan emphasized that the medical report does not rule out the possibility of sexual assault, but it is for the trial court to determine the weightage of the medical report in light of the prosecutrix's testimony.
The court highlighted that the intention of the POCSO Act is to safeguard children below the age of 18 from sexual exploitation and was not meant to criminalize consensual relationships between young adults. The accused had been in custody for 11 months, and the court found that there was no apprehension about influencing the main witness as her testimony had already been recorded.
According to the FIR lodged by the girl's mother in 2022, the accused, who lived in the neighbourhood, allegedly took her 15-year-old daughter away and did not return. The defence argued that the prosecutrix's testimony indicated a consensual romantic relationship and that she persuaded him to take her away due to difficulties at home.
While the girl's medical report did not rule out the possibility of sexual assault, the court noted that her testimony suggested she left her parents' house willingly and that the accused did not harm her or establish physical relations during their time together.
The bail granted by the Delhi High Court, in this case, raises important questions about the interpretation and application of the POCSO Act, particularly regarding consensual relationships between young adults and the focus on protecting minors from sexual exploitation.
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