Legal age of consent protects minors, but adolescents should express love without criminalization: Delhi HC

New Delhi [India], February 19 (ANI): In a POCSO case, the Delhi High Court emphasized that while the legal age of consent is crucial for protecting minors, adolescents should be permitted to express their feelings and engage in relationships without the fear of criminalization.
The court highlighted that the focus of the law should be on preventing exploitation and abuse, rather than punishing love. The court affirmed that consensual and respectful adolescent love is a natural part of human development.
The Delhi High Court recently stated that societal and legal perspectives on adolescent love should emphasize the rights of young individuals to engage in romantic relationships free from exploitation and abuse. The court affirmed that love is a fundamental human experience, and adolescents have the right to form emotional connections.
The Court of Justice Jasmeet Singh also observed that law should evolve to acknowledge and respect these relationships, provided they are consensual and free from coercion.
Furthermore, the court emphasized that the legal system must safeguard the rights of young individuals to love while ensuring their safety and well-being. The court advocated for a compassionate approach that prioritizes understanding over punishment in cases involving adolescent love.
The court noted that in the present case, the prosecutrix unequivocally stated that her relationship with the respondent was consensual during her statement under Section 164 of the CrPC. She also testified in court that the physical relations between her and the respondent were consensual.
The evidence in this case clearly indicates the prosecutrix's willingness to accompany the respondent, and the physical relations were established with her consent.
Furthermore, the court observed that the MLC report of the prosecutrix does not support the prosecution's case, as there were no injuries indicating resistance to the sexual act. Consequently, it was determined that the relations between the prosecutrix and the appellant were consensual.
The court was dealing with an appeal filed by the Delhi Police challenging a trial court order that had acquitted the respondent under Section 4 of the POCSO Act. The trial court had observed that the prosecution failed to prove beyond reasonable doubt that the child victim was less than 18 years old on the date of the incident.
Additionally, it was established that the accused had physical relations with the child victim with her consent. As per the well-settled law, the benefit of doubt always goes in favor of the accused. Accordingly, the accused, Hitesh, was acquitted under Section 4 read with Section 3 of the POCSO Act. (ANI)