[POCSO Act] Girl Being Friendly With Boy On Valentines Day No License For Forced Sex: Delhi High Court
The Delhi High Court today refused to grant regular bail to an accused booked in a case registered under the POCSO Act, observing that a girl being friendly with a boy on Valentines Day is no licence to establish forceful sexual relations with her.
Justice Girish Kathpalia said that putting vermilion on her head with her consent cannot be justified even though it is not a prescribed offence in law.
“Merely because, a girl is friendly with a boy and the day is Valentine Day, it does not give licence to the boy to forcibly establish sexual relations with her. Even filling the hair parting of the girl with vermilion without her consent cannot be justified, though it is not a prescribed offence,” the Court said.
The judge was dealing with a bail plea filed in a case registered for the offences under Sections 64(1) and 137(2) of BNS and Section 4 of the POCSO Act.
As per the prosecution, the FIR was lodged on the statement of a 17-year-old girl who alleged that she had known the accused for about a year. On February 14, 2025, the accused allegedly called her to a house on some pretext, applied vermilion in the parting of her hair and forcibly established sexual relations despite her resistance. Following the incident, her brother informed the police and she was medically examined.
The Counsel appearing for the accused argued that the prosecutrix was above 18 years of age and had engaged in consensual relations. It was also contended that the incident occurred on Valentine's Day, suggesting a romantic angle.
On the other hand, the prosecution opposed the bail plea, submitting that the prosecutrix and her brother have supported the prosecution during trial and that the prosecutrix herself appeared before the Court to oppose bail.
It was contended that the school records indicated her date of birth as January 14, 2008, making her a minor. It was submitted further that the DNA evidence of the accused was found in the prosecutrix's vaginal swab.
Dismissing the bail plea, the Court said that the stand taken by the prosecutrix in lodging the FIR and supporting prosecution case in her testimony during trial followed by her presence to oppose the bail application clearly showed that the alleged incident was against her consent.
“Considering the above circumstances, I do not find it a fit case to grant bail to the accused/applicant at this stage. Therefore, the bail application as well as the pending application are dismissed,” the judge said.
The Court clarified that nothing in the order shall be read to the prejudice of either side at the final stage of the trial.
Title: WASIM AKHTAR v. STATE (GNCT OF DELHI)