The Delhi High Court has approved bail for a 21-year-old individual who was charged under the Protection of Children from Sexual Offences (POCSO) Act. The alleged victim, who was 17 years old at the time of the alleged offense, submitted a declaration that she wishes to marry the accused. The couple has a child, who is currently approximately 18 months old. The petitioner had been in custody for over a year as of January 16, 2022 in a case filed in November 2021, which also included charges under Sections 363, 366, 366A and 376 of the Indian Penal Code and Section 6 of the POCSO Act.
The petitioner’s legal representative informed the Delhi High Court that the prosecution, who was 17 years of age at the time of the alleged commission of the offence, was in a consensual relationship with the petitioner who was 19 years old. The counsel argued that there was no evidence of pressure, coercion, violence, or assault involved in the relationship between the two.
The counsel also relied on several previous court rulings, including Dharmander Singh vs. The State of NCT, Delhi and Bijender Mehto vs. GNCT of Delhi, to argue that the court has traditionally taken a lenient approach in POCSO Act cases where the alleged offence was approved by the parties involved and the difference in age between the accused and the prosecution was minimal.
The counsel argued that the provisions of Section 29 of the Protection of Children from Sexual Offences (POCSO) Act have not yet come into play since the charges have not been framed in the case.
The Honorable Justice Anup Jairam Bhambhani noted in the court order that the complainant, who appeared in person with her parents, clearly stated that she intends to marry the accused and they already have a child together. The order notes that the complainant still holds the same stance today.
The court noted the petitioner’s desire to marry the prosecutrix and that his parents have no objections to the marriage. Based on this information and taking into consideration relevant legal precedents, the court hereby grants the petitioner’s request for regular bail.
Title: AKASH versus STATE OF NCT OF DELHI & ANR
