In a verdict that has triggered widespread discussion, the Bombay High Court granted bail to a 22-year-old man accused under the Protection of Children from Sexual Offences (POCSO) Act. The case stems from a 2020 incident where a 15-year-old girl from Navi Mumbai eloped with the man and returned nearly a year later, pregnant.
Following her return, the girl’s father filed a case under POCSO against the man. The man, originally from Uttar Pradesh, was arrested and charged for allegedly sexually assaulting a minor. However, during the bail hearing, the court considered the arguments of both sides, including statements from the girl and her awareness of the relationship.
Justice Anil Kilor, delivering the verdict, stated that the girl “left of her own free will and knew what was happening.” The judge noted that there was no evidence of coercion or force and pointed out that the girl had stayed with the man for ten months without attempting to escape or seek help.
This judgment has sparked intense debate among legal experts and child rights activists. Critics argue that despite apparent consent, the girl being a minor renders the act legally non-consensual under the POCSO Act, which is designed to protect children under 18 from sexual exploitation.
The court's interpretation and reasoning have now drawn attention to how the law defines consent and the grey areas in cases involving minors and alleged relationships.
