New Delhi:
The Delhi High Court has acquitted a man of a minor girl’s rape saying it was a case of adolescent love and physical relations between them were consensual.
Justice Jasmeet Singh therefore set aside the conviction of the man, who was 19 at the time of the incident in 2014, and was accused of raping a 17-year-old girl.
The high court said punishing him was “perversity of justice”.
“… what cannot be lost sight of is that, at the time of the incident, the appellant (man) was 19 years of age and the prosecutrix (girl) was about 17 years of age. Thus, it was a case of adolescent love and the physical relations were established consensually. Therefore, to convict the appellant under the POCSO Act would be a perversity of justice,” the court held on February 20.
The age of majority as prescribed, said the court, must be construed and interpreted in the context of the law for which it was being considered.
It found it improper to brush aside the girl’s view on the only ground that she was below 18 when her opinion and desire remained “certain and unshaken”.
Directing his release from jail, the high court said the prosecution was unable to prove the girl’s age beyond reasonable doubt and the benefit of doubt accrued to the appellant.
The girl’s father lodged a missing complaint in 2014 and she was later found with the man from Ghaziabad.
She disclosed of having married in a temple and living at a rented accommodation in Ghaziabad. She claimed of having consensual physical relations with the man.
A trial court sentenced him to seven years’ rigorous imprisonment under the Protection of Children from Sexual Offences Act.
The man challenged his conviction saying the trial court erred in appreciating that the girl was a consenting party to every act and nothing suggested it was a case of sexual assault.
The high court advocated for a compassionate approach prioritising “understanding” over “punishment” in criminal cases involving adolescent love, saying the law should evolve to acknowledge such relationships that were consensual and free from coercion.
Affirming that consensual and respectful adolescent love was a natural part of human development, the court said adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation.
“I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse,” the court said.
The judge went on, “Love is a fundamental human experience and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion.” The focus of the law, the court said, should be on preventing exploitation and abuse rather than punishing love.
“While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation,” the judge said.
The verdict added, “I affirm that consensual and respectful adolescent love is a natural part of human development.” Dealing with a similar case on January 30, the judge upheld a trial court judgement acquitting a man booked under the POCSO Act.
Investigation showed the girl, who was around 16 years of age at the time of the incident, was brought back home whereas a case was lodged against the man for her sexual assault.
The high court, while upholding the man’s acquittal and dismissing the state’s plea against the trial court’s decision, said the acquittal order was well reasoned and did not require any interference.
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