NEW DELHI: The Delhi High Court on Wednesday granted bail in a POCSO case to a youngster accused of raping a minor girl he was having a “love affair” with, while taking note of the “misapplication” of the law in cases involving young boys who are in love with girls “just below” the majority mark and are, therefore, languishing in jails on account of cases filed at the behest of families objecting to their romantic relationship.
Justice Subramonium Prasad, dealing with the case in which the prosecutrix was about 17 years old at the relevant time and the petitioner accused was about 21 year-old, said consensual sex between girls who are just below the age of 18 years and boys who are just above 20 years is in a “legal grey area” because the consent given by a minor girl is not a valid consent in the eyes of law.
Stating that the petitioner’s future cannot be ignored, the judge opined that if he continues to be in jail, the chances of him coming out as a hardened criminal are very high.