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The bench of Justice Anoop Chitkara granted bail to a 24-year-old man who was charged under the POCSO (Protection of Children from Sexual Offences) Act, 2012 for having sexual intercourse with a 16-year-old minor girl. The man had been in custody for over three months for being romantically involved with the girl. The bench stated that neither Section 376 of the IPC (Indian Penal Code) of 1860 nor the POCSO Act restricts grant of bail.
The court observed that although the age gap between the boy and the girl was enormous, it was probably a result of their social background. In most Indian weddings, the groom is several years older than the bride and the child also notices this age gap. This acts as a catalyst for young girls to feel romantic attraction towards an older boy. The court also opined that the lack of an appropriate curriculum on sex education in educational institutions is the reason why most youth does not know what is legal or not, in reference to the age of consent for sex according to the POCSO Act (18 years). Before the enforcement of the act and amendments in the IPC, the age of consent was 16 years.
However, the court stated that the sexual relationship between the man and the minor girl was not forced but mutual as the girl expressed her affection towards the boy in the courtroom and had previously refused to go back with her parents because she wanted to stay with the accused.
The girl's father had accused the major boy of kidnapping and raping his daughter and an FIR (First Information Report) was lodged against him and he was arrested and kept in police custody for 3 months. Although rape and kidnapping are heinous crimes, the court ruled that it had to consider the prima facie under the circumstances the accused committed an act. Considering the same, the boy was considered eligible for bail.
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