'Peculiar Case' With No Victim or Victimizer: Delhi HC Grants Interim Bail in POCSO Act Case to Man Married to Prosecutrix

Delhi High Court Grants Interim Bail in 'Peculiar' POCSO Case Where Accused and 'Victim' Are Married with a Child

New Delhi: In a case described by the court as "most peculiar," the Delhi High Court has granted interim bail to a 24-year-old man, Hamid Raza, who was jailed under the POCSO Act for a consensual relationship with a minor who is now his legally wedded wife and the mother of his child. The order was passed by a single-judge bench of Justice Arun Monga .

The court highlighted the unusual nature of the case, where there is "neither a victim, nor a victimizer, nor even a complainant," yet both the husband and wife are deprived of their liberty—he in jail and she in a child welfare home.

Case Background

The petitioner, Hamid Raza, was arrested following FIR No. 390/2024, which invoked charges under Section 363 (kidnapping) and 376 (rape) of the Indian Penal Code, along with Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.

The prosecution's entire case hinges on the assertion that the prosecutrix was a minor at the time of their consensual relationship, making her consent legally invalid under the POCSO Act. However, the matter is complicated by subsequent events. The couple married under Islamic Law, possess a valid marriage certificate from a Qazi, and have an infant son.

The prosecutrix, who states she is now 20 years old, appeared before the court with her son. She is currently confined to the Nirmal Chhaya Child Welfare Centre, a situation she described as "nothing short of imprisonment without any fault of her own."

Court's Observations

Justice Monga expressed deep concern over the unique circumstances where a family unit has been separated by the strict application of the law, despite the absence of any grievance between the involved parties.

"It is indeed a most peculiar case herein. One, where there is neither a victim, nor a victimizer, nor even a complainant, yet the petitioner (24 year old) is alleged to be in conflict with law... Thus, both husband and wife find themselves deprived of liberty in a case where neither considers the other a victim."

The court noted the stark reality of the situation: the husband languishing in jail and his wife, along with their infant child, confined to a shelter. Acknowledging the complexity, the court decided that the petitioner deserved immediate, albeit temporary, relief.

Final Order and Directions

After hearing the arguments, the High Court ordered the immediate release of Hamid Raza on interim bail until the next hearing date, September 23, 2025.

Key directions from the court include:

• Interim Bail: The petitioner is to be released on furnishing a personal bond of ₹10,000.
• Family Reunion: The petitioner is permitted to meet his wife and infant son daily for two hours (3 PM to 5 PM) at the Child Welfare Centre.
• Next Hearing: Both the petitioner and the prosecutrix are directed to be present at the next hearing.

The court also placed on record its "sincere appreciation" for the assistance rendered by Amicus Curiae, Senior Advocate Ms. Nandita Rao, and experts on Islamic Law in navigating the controversy. The final view on the matter will be taken up on the adjourned date.