Allahabad High Court Grants Bail in POCSO Case, Emphasizes Prudent Application of the Act in Adolescent Relationships
In a significant ruling, the Allahabad High Court, represented by Hon’ble Siddharth, J., delivered a judgment on 19th July 2023, granting bail to an accused in a case involving allegations of rape, penetrative sexual assault, and conspiracy under the Protection of Children from Sexual Offences Act (POCSO Act).
The case titled “Sameer vs. State Of U.P. And 3 Others” saw the applicant, Sameer, seeking bail under Criminal Misc. Bail Application No. 26824 of 2023. The victim, aged about 16-17 years, had alleged that she was subjected to the offense of rape in a hotel. However, the defense contended that the relationship between the victim and the accused was consensual.
In a pivotal part of the judgment, the court acknowledged previous judgments emphasizing the importance of judiciously applying the POCSO Act in cases involving adolescents and teenagers in romantic relationships. The court adopted a “bio-social approach” to understand the psychology and relationships of young individuals.
High court stated, “It is crucial to accept the science and psychology of an adolescent and young adulthood… their decision could be impulsive, immature but certainly not sinful or tainted as branded in the F.I.R. or complaint of the informant.”
Drawing upon these principles, the court held that the applicant deserved bail, taking into consideration the uncertainty surrounding the conclusion of the trial, one-sided investigation by the police, and the applicant’s fundamental right to a speedy trial. The court imposed conditions to ensure non-tampering of evidence and attendance at court hearings and directed the trial court to expedite the proceedings.
The judgment has sparked a debate on the application of the POCSO Act and its impact on adolescents involved in romantic relationships. Legal experts lauded the court’s approach to consider the psychological aspects of young individuals and warned against hasty application of the Act in such cases.
This landmark judgment serves as a reminder to the judiciary and law enforcement agencies to carefully evaluate the circumstances of each case, particularly when dealing with adolescent relationships. As the legal community applauds the High Court’s decision, the case sets a precedent for a nuanced and empathetic interpretation of the law concerning young individuals involved in consensual relationships.
Date of Decision: 19th July 2023
Sameer vs State Of U.P.And 3 Others
