‘POCSO law being misapplied’: Delhi HC grants bail to man in jail for three years in rape case

The case dates back to 2021 when a 17-year old girl had eloped, twice, with a 21-year old man following opposition from her family over the religion of the man. An FIR was lodged based on the complaint of the girl’s mother and investigation had led to the girl residing with the man. The girl, later in her statement to doctors, had claimed that she had married the man and was pregnant, adding that her mother was aware of this.

Justice Subramonium Prasad, ruling in the man’s favour, noted in the verdict, “Consensual sex between girls who are just below the age of 18 years and boys who are just above 20 years has been in legal grey area because the consent given by a minor girl cannot be said to be a valid consent in the eyes of law….”
Justice Prasad further said the statement given by the “Prosecutrix (the girl) before the doctors that her mother knew about her relationship with the Petitioner and that the FIR has been lodged by her mother only because the Petitioner herein had refused to change his religion gives an indication that the present FIR was lodged at the behest of the parents of the Prosecutrix who did not approve of the relationship…”