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‘Unfortunate to impose POCSO on complaint of girl’s family’, Delhi High Court expresses concern over misuse of law

'लड़की के परिवार की शिकायत पर POCSO लगाना दुर्भाग्यपूर्ण', कानून के दुरुपयोग पर दिल्ली हाई कोर्ट ने जताई चिंता

Delhi High Court expressed concern.

The Delhi High Court has expressed concern over the misuse of the Protection of Children from Sexual Offenses (POCSO) Act. Objecting to the girl’s relationship, the court termed as unfortunate the practice of police imposing provisions of sexual harassment against the boy at the behest of the family. The court said this while hearing one such case.

The Delhi High Court, while granting bail to a 21-year-old youth accused of raping a minor girl, said that it cannot deny the friendship between them. Also, said that it seems that the FIR was registered at the behest of the girl’s family, who were feeling embarrassed on getting information about her being pregnant. The accused had claimed to have a love affair with the girl.

Evidence has been found of girl-boy love relationship

Justice Subramaniam Prasad said, “It has become an unfortunate trend that the police are registering POCSO cases at the instance of the girl’s family, who objected to her friendship and love affair with the young man. In this way, the provision of the law is being misused. The court observed that the age of the young man and the girl, photographs indicating a love affair between the two and discrepancies in the statements at the time of recording of the medical report, the FIR, all these are facts which lead to grant of bail to the accused. go.

The boy will live with his parents after being released on bail

The court noted that the girl has no objection to the youth getting bail. The court said that both of them are almost of equal age and the fact cannot be overlooked that the accused is only 21 years old with his entire life remaining. The court was told that after his release on bail, the man will stay with his parents in Hardoi district of Uttar Pradesh and his address has been verified by the prosecution.

The girl had said that the proposal of friendship was rejected

The court directed the youth to furnish a personal bond of Rs 50,000 and two sureties of like amount and not to leave the district except to appear in the court. According to the FIR, the girl had complained that she was 16 years old and was a Class 12 student in January last year and the youth used to follow her and offered her to befriend but she refused.

On the other hand, the accused, who was seeking bail, said that he had become friends with this girl in school itself and this girl was 18 years old and her age was 21 together. The accused also said that the complainant was intimidated by his family members to lodge an FIR.

(with language input)

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