Court acknowledges prosecutrix's maturity and absence of violence, allowing bail with conditions for the accused in a case involving a minor.
In a significant ruling, the Delhi High Court has granted bail to Varun Kumar Singh, the accused in a case under the Protection of Children from Sexual Offences (POCSO) Act, 2012, and related sections of the Indian Penal Code. The case involves allegations of kidnapping and sexual exploitation of a minor. Justice Vikas Mahajan, while delivering the judgment, observed that the circumstances indicated a romantic relationship between the accused and the prosecutrix, who was found to be mature and had voluntarily accompanied the accused.
The court took into account various factors, including the prosecutrix's intellectual capacity and the absence of any violence or brutality during the incident. Despite the legal invalidity of the prosecutrix's consent due to her minority, the court recognized her tacit approval and romantic involvement with the accused, which influenced the decision to grant bail.
The ruling emphasized the need to balance rights, particularly under Section 29 of the POCSO Act, which presumes guilt in certain cases. The court highlighted the necessity of evaluating real-life factors such as age, relationship dynamics, and the credibility of evidence while deciding on bail pleas post the framing of charges.
The court referred to precedents, including the Supreme Court's guidelines in Prasanta Kumar Sarkar's case, which outline the factors to be considered in bail applications, such as the gravity of the accusation and the likelihood of witness influence.
The judgment also addressed the broader issue of the POCSO Act's application in cases of consensual relationships among young adults. It noted that the act's intention was to protect children from exploitation, not to penalize consensual relationships among adolescents.
The court granted bail to the accused, Varun Kumar Singh, with conditions including the provision of a personal bond and restrictions on leaving the city without informing the local police. The decision has sparked discussions on the interpretation and application of the POCSO Act in cases involving romantic relationships among minors.
Bottom Line:
POCSO Act - Romantic relationship involving a minor - Grant of bail to accused considering factors like the maturity of the prosecutrix, absence of violence, and prolonged judicial custody.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012, Sections 4 and 29; Indian Penal Code, 1860, Sections 363, 366A, and 376; Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023
Varun Kumar Singh v. State (SHO Rajinder Nagar), (Delhi) : Law Finder Doc id # 2848461
