Granting bail to a man who allegedly eloped with and married an 18-year-old girl, the Allahabad High Court has expressed concern over the POCSO Act being "misused" in cases involving consensual romantic relationships between two teenagers.
Justice Krishan Pahal said the challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships.
"While the POCSO Act's primary objective is to protect children under the age of majority (18) from sexual assault, there are cases where it has been misused, particularly in consensual romantic relationships between teenage persons " the court said in its order dated July 3.
"The challenge lies in distinguishing between genuine cases of exploitation and those involving consensual relationships. This requires a nuanced approach and careful judicial consideration to ensure justice is served appropriately," it said.
Granting bail to the accused, Satish alias Chand, Justice Pahal said, "Admittedly, the age of the victim is 18 years as per the ossification test report. The Supreme Court in Jaya Mala vs. State of J&K 1982 and in another case has opined that the radiologist cannot predict the correct date of birth rather there is a long margin of 1 to 2 years on either side." Satish had been in jail since January 5.
According to the prosecution, Satish allegedly enticed the minor daughter of the complainant on June 13, 2023.
An FIR was lodged against him under sections 363 (kidnapping), 366 (kidnapping and abducting a woman to compel her marriage or to cause her defilement) and 376 (rape) of the Indian Penal Code and under the Protection of Children from Sexual Offences (POCSO) Act at Barahaj police station in Deoria district.
During the court proceedings, Satish's counsel argued that his client was falsely implicated in the case.
The victim is a consenting party which is evident from her statement and as per her statement, she was 18 years old, Satish's counsel said.
The victim and the petitioner were in love with each other. They eloped and solemnised their marriage in a temple out of the fear of their parents. The two belong to the same village and were neighbours, the counsel said.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
Featured Video Of The Day
Prime Minister Narendra Modi receives 'Guard of Honour' in Kuwait
High Court Judge Appears Before Top Court Collegium Over "Majority" Remarks 55 Rajya Sabha MPs' Demand Impeachment In High Court Judge's "Majority" Remarks Row Row Over High Court Judge's "India Will Run By Wishes Of Majority" Comment 4-Year-Old Boy Run Over By Speeding Creta In Mumbai, Teen Driver Arrested 2 Dead, Many Feared Trapped For 17 Hours After Mohali Building Collapse Germany Refused To Extradite Saudi Suspect? Suicidal Empathy, Says Elon Musk At Least 30 Killed In Brazil Bus And Truck Collision "Knew What It Took...": Justice Nagarathna's Emotional Tribute To Mother Over 400 More People Arrested In Assam For Child Marriage Track Latest News Live on NDTV.com and get news updates from India and around the world.