look news india
Prayagraj, July 05 (HS). The court emphasized that the goal of the judicial system should be to establish a balance between the protection of minors and the recognition of their autonomy in certain contexts. The High Court recently said that the Protection of Children from Sexual Offenses (POCSO) Act is being misused against teenagers in consensual romantic relationships. The court made this remark while granting bail to Satish alias Chand under the POCSO Act.
Justice Krishna Pahal said that such cases require a nuanced approach and careful judicial consideration to ensure that justice is delivered properly. While granting bail, the High Court said that this court has from time to time expressed concern about the application of the Protection of Children from Sexual Offenses Act on juveniles while the primary purpose of the Act is to protect children below the age of majority (18) from sexual abuse. There are also cases where it has been misused. Especially in consensual romantic relationships between teenagers.
The High Court said that the case should be evaluated on the basis of its individual facts and circumstances. The nature of the relationship and the intentions of both the parties should be carefully examined. The court said that the courts should use their discretion wisely, and ensure that the use of POCSO does not inadvertently harm the persons it aims to protect.
According to the case, the accused Satish alias Chand was arrested on January 5 this year. A case was registered against him in Barhaj police station district Deoria. He is accused of “luring” and taking away the minor daughter in June 2023.
While seeking bail, Satish's lawyer told the court that he has been falsely implicated in the case because the victim herself had agreed in her statement. It was also said that she is 18 years old. The court was also told that the accused and the victim loved each other and due to fear of their parents, they eloped and got married in a temple.
It also came to light that the victim was six months pregnant at that time and has now given birth to a child. The lawyer representing the accused told the court that he wants to raise the child as he is its father and is also ready to keep his married wife with him.
The court said that no exceptional circumstances have been shown to deny bail to the accused. The court accepted the bail plea of the accused on the condition that the accused will take care of the victim and her child.
The court further directed, the applicant has to deposit (fixed deposit) a sum of Rs 2 lakh in the name of the newborn child of the victim within a period of six months from the date of his release from jail till he attains majority.