Delhi High Court Pocso Case: In an important decision, the Delhi High Court has said that under POCSO (Protection of Children from Sexual Offences Act), if the victim is a minor, the claim of consent becomes legally irrelevant. The court made it clear that in any sexual crime case, the age of the victim is the most important factor. The court rejected the bail plea of the accused in this case.
This case is related to a 26-year-old man who is accused of sexually assaulting his 16-year-old neighbour in 2024 and giving her medicines for an abortion. The accused is already married and has a daughter. He claimed in court that he had a consensual relationship with the victim and she was 18 years old. But the court, based on the school records, found that the victim's date of birth was 3 August 2008. Which made it clear that she was a minor at the time of the incident.
Age is the most important factor in POCSO Act
Justice Sanjeev Narula said that under the POCSO Act, a girl under the age of 18 cannot legally give consent in any way. Therefore, the accused's claim that the relationship was consensual does not hold any meaning for the case. The court said in its order that if the victim is a minor, then the law believes that she is not capable of giving consent. Therefore, the argument of consent is irrelevant in this case.
School records became evidence... the statement will be investigated in the trial.
The court clarified that at present there is no time to examine the statement of the accused in this case. It will completely depend on the trial court to decide on the basis of evidence. However, at present, according to the school records, the age of the victim has been considered fixed, which was 16 years.
Considering it a serious crime, the court gave this argument.
The court rejected the bail plea of the accused and said that the nature of the crime is serious. The huge age difference between the victim and the accused also makes this case more sensitive. Also, the trial is still pending and the government witnesses are yet to be cross-examined. The court said that the trial process is ongoing and the possibility of pressurizing the witnesses cannot be ignored. Considering the gravity of the crime, the possibility of influencing the witnesses and the current status of the case, the accused cannot be granted bail.
What does the POCSO law say?
The POCSO Act was made in 2012. Its purpose is to protect children from sexual crimes. Under this law, if the age of the victim is less than 18 years, then there is no legal basis for any kind of consent. The purpose of this law is to ensure that no one can forcefully or by luring minor children into physical relations.
wider impact of the decision
This decision makes it clear that if a person claims to have a relationship with a minor girl, then his consent will not be recognized in the court. This decision can prove to be a precedent for those cases where the accused try to save themselves by giving the argument of consent.
PC:Zeenews
