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Romantic Relationship, Marriage Proposal Cannot Dilute POCSO Act: Denies Bail
Nainital, – In a significant ruling that reaffirms the protective ambit of the Protection of Children from Sexual Offences (POCSO) Act, the has rejected the bail application of an accused, holding that a minor girl's consent is “completely irrelevant in the eyes of law” and that the plea of a romantic relationship or a subsequent proposal to marry cannot dilute the statutory protection granted to a minor.
Justice Rakesh Thapliyal, presiding over the single-judge bench, dismissed the first bail application of Tahjim Ansari @ Arman @ Annu, who had been chargesheeted under , and .
The Allegations: From Missing Person to POCSO Case
The case stems from a First Information Report (FIR) lodged on , by Gyan Singh, father of the victim, reporting his daughter as missing. During investigation, the victim, aged 17 years and 9 months at the time of the initial offense in , was recovered along with the applicant at the Rishikesh railway platform. In her statement under , the victim revealed that she had known the applicant since 2024, had been chatting with him on Instagram, and that in , he took her to a jungle under the pretext of an outing and forcibly established physical relations. The applicant later took her to hotels, and the hotel manager was interrogated. Subsequently, the victim became pregnant and delivered a baby on , with her blood sample sent for DNA matching.
Applicant’s Plea: Consent and Willingness to Marry
The applicant, through his counsel, argued that he had been falsely implicated. He contended that the victim was 19 years old on the alleged date of occurrence () and that even considering the incident, she was approximately 17 years and 9 months, creating doubt about her age. He asserted that the physical relation was consensual, as the victim had admitted to knowing him and going on outings willingly. Counsel further submitted that the applicant, a painter by profession, had deep affection for the victim and was genuinely willing to marry her to legitimize the relationship and secure the future of the newborn child.
State’s Stand: Minor’s Consent Irrelevant
Opposing the bail, the State’s counsel, , vehemently argued that the victim was a school-going minor whose consent holds no validity in law. She highlighted that the applicant had intentionally suppressed his religious identity (belonging to the Muslim community) to gain the victim’s trust, leading to her pregnancy. On specific instructions, she informed the court that the victim and her family were completely unagreeable to any marriage proposal and wanted strict action against the applicant. The medical report and doctor’s statement confirmed sexual assault on the minor.
The Court’s Reasoning: Statutory Protection Prevails
After a careful consideration of the rival submissions, the court observed that medical evidence and school records prima facie establish that the victim was a minor at the time of the alleged incident. Therefore, the consent of a minor is irrelevant in the eyes of law. Justice Thapliyal emphasized that “.”
The court also took note of the serious allegation regarding the to get the trust of the minor. Taking into account the age of the victim, the medical factum of her pregnancy, and the under the POCSO Act, the court found it not a fit case for bail.
Decision: Bail Rejected, Trial to Proceed
The bail application was accordingly rejected. However, the court clarified that any observations made in the order would not influence the trial proceedings, and the Trial Court is free to proceed with the case on its own merits.
Key Observations from the Judgment
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“The medical evidence and school records establish that victim was minor at the time of alleged incident and since the applicant is chargesheeted under the POCSO Act, therefore, .”
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“.”
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“Furthermore, the prosecution has brought forth the serious allegation regarding the to get the trust of minor.”
This ruling serves as a stark reminder that the protective framework of the POCSO Act cannot be circumvented by claims of a romantic relationship or willingness to marry, especially when the victim is a minor.
