Could 08, 2025 08:34 PM IST
Stressing that the Act was by no means meant to criminalise consensual romantic relationships between adolescents, the bench of Justice Krishan Pahal mentioned that the very fact of a consensual relationship borne out of affection ought to be thought-about whereas granting bail.
The Allahabad excessive courtroom noticed that the Prevention of Youngsters from Sexual Offences (POCSO) Act, which was enacted to guard minors from sexual exploitation, has now develop into a instrument for his or her exploitation.
Justice Pahal mentioned it might quantity to perversity of justice if the assertion of the sufferer was ignored and the accused was left to endure in jail. (For illustration)
Stressing that the Act was by no means meant to criminalise consensual romantic relationships between adolescents, the bench of Justice Krishan Pahal mentioned that the very fact of a consensual relationship borne out of affection ought to be thought-about whereas granting bail.
Justice Pahal added that it might quantity to perversity of justice if the assertion of the sufferer was ignored and the accused was left to endure in jail.
The bench made these observations whereas granting bail to an 18-year-old boy, who was booked below sections 137(2), 87, 65(1) of the Bharatiya Nyaya Sanhita (BNS) and three/4(2) of POCSO Act by the Chakiya police in Chandauli district for allegedly raping a 16-year-old woman.
The lawyer of accused Raj Sonkar, who was arrested in March this yr, had submitted earlier than the courtroom that it was a case of consensual relationship and that there was no medical corroboration of the incident. The lawyer additionally contended that there was no prison antecedent of the applicant and if he was launched on bail, he wouldn’t misuse the freedom.
Contemplating the information and circumstances of the case, the proof on report, and considering the inordinate delay of 15 days in registering the FIR and the absence of no medical corroboration of the incident, the courtroom, in its order dated April 29, granted him bail with out expressing any opinion on the deserves of the case.
Information / Cities / Lucknow / POCSO Act by no means meant to criminalise consensual relationships: Allahabad HC
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