The Bombay High Court has granted bail to a 23-year-old man who was charged with raping a minor after stating that the Protection of Children from Sexual Offences (POCSO) Act was not enacted to punish minors who are in a consensual relationship.
The HC noted that the victim in the case was a minor, but her statement suggests that the relationship was consensual.
The POCSO Act is meant to protect children from sexual assault, harassment, and other related offenses, and not to punish minors who are in romantic or consensual relationships.
The court made this observation while hearing a plea filed by Imran Shaikh, who was accused of kidnapping and raping a minor girl based on a complaint lodged by the girl’s mother.
The high court granted bail to Shaikh, who had been in custody since February 2021, stating that the trial was unlikely to commence soon.
The HC added that keeping Shaikh in custody for an extended period would expose him to hardened criminals, which would not be in his best interest.