Mere friendship does not grant the right to have sexual relations without consent, the Delhi high court has said while denying bail to a man accused of repeatedly raping a girl after befriending her.
The man was booked last year under the Indian Penal Code sections 376 (rape), 354D (stalking), 506 (criminal intimidation), and under the Protection of Children from Sexual Offences (POCSO) Act.
In his bail petition, the man said the girl consented to sexual relations and was a major. The Delhi police opposed the bail, citing the serious nature of the allegations.
Justice Girish Kathpalia rejected the man’s argument and ruled that even if the girl had consented, it was unlawful since she was a minor. “Further, even the consent would not be lawful in the present case because the prosecutrix was a minor. ...as specifically stated by the prosecutrix in the FIR [first information report] as well as her testimony, the accused/applicant repeatedly indulged in sexual intercourse with her despite her objections,” said Justice Kathpalia on Thursday.
Justice Kathpalia referred to the argument of it being a case of consensual relations and said merely because a girl befriends a boy, the latter cannot be given liberty to indulge in sexual intercourse with her without her consent.
{{/usCountry}}Justice Kathpalia referred to the argument of it being a case of consensual relations and said merely because a girl befriends a boy, the latter cannot be given liberty to indulge in sexual intercourse with her without her consent.
{{/usCountry}}The judgement came days after the government opposed in the Supreme Court any move to lower the age of consent under the POCSO Act or introduce exceptions for adolescent relationships. The government argued such dilution, “even in the name of reform or adolescent autonomy,” would dismantle the statutory shield meant to safeguard minors and risk opening the door to child abuse.
In its written submissions in advocate Nipun Saxena’s public interest litigation, the government said the threshold of 18 must remain strictly and uniformly enforced to maintain the integrity of child protection laws and uphold best interests of children.