Delhi HC notes teenage psychology and adolescent love cannot be controlled by courts

Delhi High Court grants bail to teenager accused of rape after finding that the case was a "teenage love story." The accused was charged with rape and under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) for allegedly kidnapping and sexually assaulting a 16-year-old girl.

According to the prosecution's case, the accused had taken the girl to Chennai from Delhi and she was found there. It was also found that she was seven weeks pregnant. However, the girl consistently stated that she had gone with the accused out of her own free will as she had developed a liking for him. She also stated that it was only at her insistence that the accused had taken her to Chennai, and that she had informed him that she was 18 years of age.

The court found that the entire case was a "teenage love story" where the main characters, the girl and the accused, were only in their teens and had developed liking for each other. They had wanted to get married, and for that purpose, the girl had suggested getting pregnant immediately so that in case they were blessed with a child, her parents would not object to their relationship.

The court also observed that though the consent of a minor may be of no value in the eyes of the law, in the peculiar circumstances and facts of the present case, it would not be prudent for a court to label the accused as an accused. The court found that there was no incriminating evidence against the accused on record, and that he was not a criminal but was merely in love and had taken the girl to a place 2,200 km away from Delhi to lead a peaceful life.

The court also noted that the girl was allegedly 16 years of age on the day of the incident, but was working somewhere, which indicates that both the girl and the accused did not have the advantage of pursuing higher studies and had started working at an early age due to their financial background and status. The court observed that the social factors and forces that operate in any given case of adolescent love reveal that they may want to marry and settle down with each other.

Considering the overall facts and circumstances of the case and the adverse impact of confinement on the accused's psychological health and future, the court granted bail to the accused for a period of two months, on furnishing a personal bond of Rs.10,000/- with one surety of like amount to the satisfaction of the concerned Trial Court/Link Court/Successor Court/Duty Magistrate. The accused was also directed to provide his mobile number to the Investigating Officer, which shall be kept active and in working conditions at all times, and to surrender before the Trial Court concerned at the expiry of the two-month period. The court clarified that every case of such nature has to be adjudged on its own peculiar facts and circumstances.

Date of Decision: 08.05.2023

MAHESH KUMAR  vs STATE (NCT OF DELHI)