The Delhi High Court acquitted a man accused of raping a minor, referring to the case as one of “adolescent love.” Justice Jasmeet Singh set-aside the conviction of the 19-year-old, who was implicated in the incident involving a 17-year-old girl in 2014. The court’s decision reflects a consideration of the nature of their relationship at the time.
New Delhi: The Delhi High Court acquitted a man accused of raping a minor girl, stating that the case was one of adolescent love and that their physical relations were consensual.
Justice Jasmeet Singh set-aside the conviction of the man, who was 19 at the time of the incident in 2014, involving a 17-year-old girl. The court described punishing him as a “perversity of justice.”
The ruling emphasized that, at the time of the incident, the appellant was 19 and the prosecutrix about 17, categorizing the situation as adolescent love where physical relations were consensually established.
Also Read: Delhi High Court: Adolescents Should Have Romantic Relationships Without Legal Fear
The court argued that convicting the appellant under the POCSO Act would represent a distortion of justice.
The court also noted that the age of majority must be interpreted within the specific legal context. It deemed it inappropriate to disregard the girl’s perspective solely because she was under 18, especially since her opinion and desires remained “certain and unshaken.”
The high court ordered his release, citing that the prosecution failed to prove the girl’s age beyond a reasonable doubt, granting the benefit of doubt to the appellant.
The girl’s father reported her missing in 2014, and she was later found with the man in Ghaziabad. She revealed that they had married in a temple and were living together in a rented accommodation, asserting that their physical relations were consensual.
A trial court previously sentenced the man to seven years of rigorous imprisonment under the Protection of Children from Sexual Offences Act. However, he challenged this conviction, arguing that the trial court incorrectly assessed that the girl was a consenting party and that there was no indication of sexual assault.
The high court advocated for a compassionate approach, emphasizing “understanding” over “punishment” in cases of adolescent love. It asserted that the law should evolve to recognize consensual relationships free from coercion.
The judge stated,
“Consensual and respectful adolescent love is a natural part of human development, and that adolescents should be allowed to express their feelings without fear of criminalization.”
He added,
“While the legal age of consent is vital for protecting minors, adolescents should be free to engage in relationships.”
In a similar ruling on January 30, the judge upheld a trial court’s decision to acquit another man charged under the POCSO Act, noting that the acquittal was well-reasoned and warranted no interference.
In India, the legal provisions related to the rape of a minor are covered under several laws, primarily:
1. Indian Penal Code (IPC), 1860
Section 376 (Rape)
- Section 376(1): Punishment for rape, minimum 10 years imprisonment, extendable to life imprisonment and fine.
- Section 376(3): If the victim is under 16 years of age, the punishment is minimum 20 years imprisonment, extendable to life imprisonment and fine.
2. Protection of Children from Sexual Offences (POCSO) Act, 2012
- Section 3 & 4: Penetrative Sexual Assault – Minimum 10 years imprisonment, which may extend to life imprisonment and fine.
- Section 5 & 6: Aggravated Penetrative Sexual Assault (by a relative, teacher, gang rape, etc.) – Minimum 20 years imprisonment, extendable to life imprisonment or death penalty.
- Section 7 & 8: Sexual Assault (without penetration) – 3 to 5 years imprisonment and fine.
- Section 9 & 10: Aggravated Sexual Assault – Minimum 5 years, extendable to 7 years imprisonment and fine.
3. Criminal Law (Amendment) Act, 2018
- If the victim is under 12 years of age, the punishment is minimum 20 years imprisonment, extendable to life imprisonment or death penalty.
- Fast-track trials must be conducted within 2 months.
4. Juvenile Justice (Care and Protection of Children) Act, 2015
- If the accused is a minor (above 16 years) and commits a heinous crime, they can be tried as an adult under IPC and POCSO.
Also Read: Andhra Pradesh High Court Acknowledges Complexity of Adolescent Love in Bail Decision
5. Special Provisions
- Consent is irrelevant: Any sexual act with a girl below 18 years is considered rape, even if consensual (as per POCSO & IPC).
- Medical examination & counseling: Must be conducted immediately under POCSO Rules.
- Mandatory reporting: Any person aware of an offense must report it (failure is punishable under Section 21 POCSO).
Delhi High Court acquitted a 19-year-old man accused of raping a 17-year-old girl, ruling that the case involved adolescent love with consensual relations. The court emphasized that convicting him under the POCSO Act would be a distortion of justice, as the girl’s perspective and willingness were “certain and unshaken.”
It also noted that the prosecution failed to prove the girl’s age beyond a reasonable doubt, granting the accused the benefit of doubt. The ruling highlights the need for a compassionate legal approach in cases of mutual adolescent relationships, rather than rigid criminalization.
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