'A case of adolescent love': Delhi HC acquits man of minor's rape

New Delhi: The Delhi High Court has acquitted a man accused of raping a minor, ruling that the case involved adolescent love and that their physical relationship was consensual.

Justice Jasmeet Singh overturned the conviction of the man, who was 19 at the time of the 2014 incident, and the alleged victim, a 17-year-old girl.

The court stated that punishing him would amount to a "perversity of justice."

"... what cannot be lost sight of is that, at the time of the incident, the appellant (man) was 19 years of age and the prosecutrix (girl) was about 17 years of age. Thus, it was a case of adolescent love and the physical relations were established consensually. Therefore, to convict the appellant under the POCSO Act would be a perversity of justice," the court held on February 20.

The Delhi High Court ruled that the prescribed age of majority must be interpreted within the context of the relevant law. It was found inappropriate to disregard the girl's perspective solely because she was under 18, especially when her opinion and intent remained "certain and unshaken."

Ordering the man's release from jail, the court noted that the prosecution failed to prove the girl's age beyond a reasonable doubt, granting the appellant the benefit of the doubt.

The case originated in 2014 when the girl's father filed a missing complaint. She was later found with the man in Ghaziabad, where she revealed that they had married in a temple and were living in rented accommodation. She also stated that their physical relationship was consensual.

A trial court had sentenced the man to seven years of rigorous imprisonment under the Protection of Children from Sexual Offences (POCSO) Act. However, he appealed the conviction, arguing that the trial court had failed to recognize that the girl was a willing participant in the relationship and that there was no evidence of sexual assault.

The high court advocated for a compassionate approach prioritising "understanding" over "punishment" in criminal cases involving adolescent love, saying the law should evolve to acknowledge such relationships that were consensual and free from coercion.

Affirming that consensual and respectful adolescent love was a natural part of human development, the court said adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation.

"I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse," the court said.

The judge went on, "Love is a fundamental human experience and adolescents have the right to form emotional connections. The law should evolve to acknowledge and respect these relationships, as long as they are consensual and free from coercion."

The focus of the law, the court said, should be on preventing exploitation and abuse rather than punishing love.

"While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation," the judge said.

The verdict added, "I affirm that consensual and respectful adolescent love is a natural part of human development."

Dealing with a similar case on January 30, the judge upheld a trial court judgement acquitting a man booked under the POCSO Act.

Investigation showed the girl, who was around 16 years of age at the time of the incident, was brought back home whereas a case was lodged against the man for her sexual assault.

The high court, while upholding the man's acquittal and dismissing the state's plea against the trial court's decision, said the acquittal order was well-reasoned and did not require any interference. PTI