In a significant observation, the Allahabad High Court has underscored that the Protection of Children from Sexual Offences (POCSO) Act, a legislation originally intended to shield minors from sexual exploitation, should not be misused to criminalize consensual romantic relationships among adolescents.
Justice Krishan Pahal, while granting bail to an 18-year-old boy accused under Sections 137(2), 87, 65(1) of the Bharatiya Nyaya Sanhita (BNS), and Sections 3/4(2) of the POCSO Act, emphasized that the law was never envisioned as a means to penalize young individuals in consensual relationships.
The bench noted that ignoring the victim’s own version in such cases would lead to a “perversity of justice,” especially when the relationship arises out of mutual affection. The boy had been arrested in March this year on allegations of raping a 16-year-old girl.
During the bail hearing, counsel for the applicant argued that the relationship was consensual and pointed out the lack of medical evidence to support the prosecution’s claims. It was further highlighted that the applicant has no prior criminal record and undertook not to misuse the liberty if bail were granted. Considering the 15-day delay in lodging the FIR, absence of medical corroboration, and the nature of the relationship, the Court found it appropriate to grant bail without commenting on the merits of the case.
Case Title: Raj Sonkar vs. State of U.P. and 3 Others
