Consensual nature of the relationship, age of the victim, and impact of Section 29 of the POCSO Act in granting bail.

JUDGEMENT

VIKAS MAHAJAN, J. (ORAL) The present petition has been filed under Section 439 CrPC see regular bail in connection with FIR No.21/2021 under Section 376 IPC and Section 4/6 of POCSO Act registered at Police Station Ranjit Nagar.

The brief facts of the case are that a statement was made by the prosecutrix wherein she alleged that she was in a relationship with the petitioner for the past two years. The petitioner called her and took her to a room in East Patel Nagar at his friend’s house and established physical relationship with the victim against her wishes. The prosecutrix, who was or at that time became pregnant and the child had to be aborted, this led to the registration of the aforesaid FIR.

The learned counsel for the petitioner invites the attention of the Court to the statement of the victim dated 23.01.2021 recorded under Sec Page 1 of 7 IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 01.03.2024 ..... Petitioner Adv.

..... Respondents Mr. Hemant Mehla, APP for State. The present petition has been filed under Section 439 CrPC seeking regular bail in connection with FIR No.21/2021 under Section 376 IPC and Section 4/6 of POCSO Act registered at Police Station Ranjit Nagar.

The brief facts of the case are that a statement was made by the in a relationship with the petitioner for the past two years. The petitioner called her and took her to a room in East Patel Nagar at his friend’s house and established physical relationship with the victim against her wishes. The prosecutrix, who was or at that time became pregnant and the child had to be aborted, this led to The learned counsel for the petitioner invites the attention of the Court to the statement of the victim dated 23.01.2021 recorded under Section 164 CrPC to contend that the victim has clearly stated in her statement that she had voluntarily established physical r that in yet another statement of the victim recorded under Section 164 CrPC, she has stated that she does not want any case against the petitioner and wishes to marry the petitioner.

4. He submits that it is a case of consensual romantic relationship between two young persons and the provisions of POCSO Act ought not to have been invoked in the present case.

5. The learned counsel for the petitioner invites to the statement of the victim, who was examined as PW victim in her examination 05.04.2003 and she cross-examined by the learned APP of birth in the school certificate i.e. 24.06.2005 is incorrect.

6. He submits that in case 05.04.2003 as stated by her in her testimony, it clearly prosecutrix was above 12.12.2020.

7. He submits that the petitioner is in custody since 24.08.2021 and the testimony of the victim has already been recorded, therefore, there is no possibility of the petitioner influencing the victim in the event he is enlarged on bail. He submits that the pe have criminal record.

8. In the backdrop of the aforesaid circumstances, he urges the Court that the petitioner may be enlarged on bail.

9. Per contra, the learned APP has argued on the lines of the Status CrPC to contend that the victim has clearly stated in her statement that she had established physical relationship with the petitioner.

that in yet another statement of the victim recorded under Section 164 CrPC, ted that she does not want any case against the petitioner and to marry the petitioner.

He submits that it is a case of consensual romantic relationship between two young persons and the provisions of POCSO Act ought not to have been present case.

The learned counsel for the petitioner invites the attention of the Court to the statement of the victim, who was examined as PW-1, to contend that the victim in her examination-in-chief has stated that her date of birth is 05.04.2003 and she has reiterated the same even when she was examined by the learned APP. Further, she has also stated that her date of birth in the school certificate i.e. 24.06.2005 is incorrect. He submits that in case the date of