A Mumbai Court has granted bail to a 20-year old , under the Protection of Children from Sexual Offences (POCSO) Act, after he had eloped with his 16-year-old girlfriend. The court stated that a boy in his early 20s and in a love relationship with a minor, he deserves to stabilise and secure his future, and that he escaped after he eloped with his 16-year-old girlfriend. The girl's family had accused the boy of kidnap and rape. The 21-year-old spent 30 days in jail.The court relied on a Bombay high court order which made remarks on factors of sexual maturity among teenagers and the kinds to be considered in such cases. This quote is specifically applicable to the present case, and therefore, it is unnecessary to hold the defendant, who is 21 years old, in prison only because consent is not consent in a love affair.
It is not necessary, if you're an honest criminal, to keep him behind bars. When giving him bail last week, a special Pocso court said he has no criminal antecedent against him. The high court had also observed that the sexual desire differs from person to person, and that there is no mathematical formula in regard to teenage behavioural patterns, since biologically, as children get to puberty, they begin comprehending their sexual desires.It was also observed that today's youth are exposed to more sex-related issues, and that a great deal of information is also available to them on sexual relations.
When a boy and a minor girl fall in love and decide to live together without the permission of their parents, the high court has also held that various factors must be considered in making such determinations. The age of the child, whether the offender is aggressive, and if the offender is able to repeat the offender's behavior are among the factors. The high court had ruled that if the child is released, there is a risk of interference with the personal data witnesses as their statements are recorded. The prosecution had opposed the bail plea in the case brought by the Pocso Act court on the grounds that even though the child had left home and wanted to marry him, her agreement was not one as she was a juvenile.