The J&K High Court has granted bail to an accused charged under the Protection of Children from Sexual Offences (POCSO) Act. Justice Sanjay Dhar, on the bench, approved the bail, emphasizing that while a minor’s consent holds no legal weight, the context of a consensual adolescent relationship can be considered in bail decisions. The accused faced charges under the Bharatiya Nyaya Sanhita (BNS) and Section 4 of the POCSO Act in a case filed at Police Station Magam.
During the proceedings, the court took note of the prosecutrix’s testimony in which she mentioned voluntarily being with the accused, being romantically involved, and engaging in a physical relationship by her own choice. The girl’s mother also testified, confirming the couple’s love, her daughter’s voluntary departure from home, and her continued stay with the accused’s family with intentions to marry him.
Citing a Supreme Court ruling, the high court highlighted that while a minor’s consent is not recognized under the POCSO Act, the circumstances of such relationships can be relevant in bail considerations. Justice Dhar, based on the case’s unique circumstances, deemed denying bail as a miscarriage of justice. The court also observed that key prosecution witnesses had been examined, minimizing the risk of witness tampering.
The bail application was approved with the clarification that the court’s remarks were solely related to bail and would not impact the trial’s merits. The POCSO Act of 2012 in India serves as a stringent legal framework aimed at protecting individuals under 18 from sexual offenses, irrespective of consent, and is gender-neutral in its approach.
