Court Emphasizes Discretionary Jurisdiction in Cases Involving Adolescent Relationships
In a significant judgment, the Uttarakhand High Court has granted bail to Tushar Sharma alias Tannu, who was accused of sexually assaulting a minor under the Protection of Children from Sexual Offences (POCSO) Act. The judgment, delivered by Justice Alok Mahra on April 27, 2026, underscores the importance of exercising discretionary jurisdiction in cases involving consensual relationships between adolescents.
The case revolved around the allegations made in an FIR lodged by the victim's mother, claiming that Sharma had assaulted her minor daughter. However, during the investigation, it emerged that the relationship was consensual. The victim, in her statement, corroborated the consensual nature of the relationship, stating that she had voluntarily left her home to be with Sharma.
Justice Mahra noted that while the POCSO Act has stringent provisions to protect minors, the court must also consider the facts and circumstances surrounding each case. In situations where the minor exhibits sufficient maturity and understanding, the court can exercise its discretion to grant bail to secure the ends of justice. The court highlighted the adverse effects of prolonged incarceration on young offenders and emphasized the principle of preventing regressive influences.
The judgment referenced a similar case from the Delhi High Court, Varun Kumar Singh v. State, where bail was granted under comparable circumstances, further supporting the court's decision. The court recognized that the prosecutrix had willingly accompanied Sharma and acknowledged her discernment in comprehending the nature of her actions.
The court's decision reflects a liberal approach towards adolescent relationships, aiming to protect the best interests of both parties involved. It emphasizes the importance of considering the individual maturity and understanding of the prosecutrix, rather than strictly adhering to the legal definition of a minor under the POCSO Act.
Justice Mahra's ruling allows Sharma to be released on bail, subject to executing a personal bond and furnishing two reliable sureties to the satisfaction of the concerned court. This judgment sets a precedent for future cases involving consensual relationships under the POCSO Act, advocating a more nuanced approach to adolescent interactions.
Bottom line:-
Bail under POCSO Act - Court emphasized discretionary jurisdiction to grant bail in cases involving consensual relationships between adolescents, considering the best interest of both parties and the principle of preventing adverse influences of prolonged incarceration.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 Sections 5(l)/6, Bharatiya Nyaya Sanhita, 2023 Sections 65(1), 88, and 183
Tushar Sharma Alias Tannu v. State of Uttarakhand, (Uttarakhand) : Law Finder Doc id # 2894533
