‘Adolescent Love’: Delhi HC Acquits Man Accused of Raping 17-Year-Old Girl in 2014

New Delhi: The Delhi High Court in a ruling has acquitted a man of a minor girl's rape saying it was a case of “adolescent love” and physical relations between them were consensual.

Justice Jasmeet Singh set aside the conviction of the man, who was 19-years-old at the time of the incident in 2014, and was accused of raping a 17-year-old girl. 

The court said punishing the accused was "perversity of justice".

Case of ‘Adolescent Love’

During the hearing, the court held, "... what cannot be lost sight of is that, at the time of the incident, the appellant (man) was 19 years of age and the prosecutrix (girl) was about 17 years of age. Thus, it was a case of adolescent love and the physical relations were established consensually."

"Therefore, to convict the appellant under the POCSO Act would be a perversity of justice," the court added.

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The court said that the age of majority must be constructed and interpreted in the context of the specific law being applied.

High court found it improper to brush aside the girl's view on the only ground that she was below 18 when her opinion and desire remained "certain and unshaken".

Court Orders The Release of Rapist

The court Directing his release from jail, said that the prosecution failed to prove the girl's age beyond reasonable doubt, and the benefit of doubt went to the appellant.

The girl's father had filed a missing person complaint in 2014, and she was later found with the man from Ghaziabad. She revealed that they had married in a temple and were living together in a rented accommodation in Ghaziabad, claiming their physical relations were consensual.

A trial court sentenced him to seven years' rigorous imprisonment under the Protection of Children from Sexual Offences Act.

The man challenged his conviction saying the trial court erred in appreciating that the girl was a consenting party to every act and nothing suggested it was a case of sexual assault.

High Court Calls for Prioritizing ‘Understanding’ Over ‘Punishment’ in ‘Adolescent Love Cases’

The high court advocated for a compassionate approach prioritising "understanding" over "punishment" in criminal cases involving adolescent love.

It also said the law should evolve to acknowledge such relationships that were consensual and free from coercion.

The court affirmed that consensual and respectful adolescent love is a natural aspect of human development, stating that adolescents should be free to express their feelings and engage in relationships without the fear of criminalization.

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Judge said, "I believe that societal and legal views on adolescent love should emphasise the rights of young individuals to engage in romantic relationships that are free from exploitation and abuse," 

The judge also stated, "Adolescents have the right to form emotional connections," highlighting that the law should focus on preventing exploitation and abuse, not punishing consensual love.

"While the legal age of consent is important for protecting minors, I feel that adolescents should be allowed to express their feelings and engage in relationships without fear of criminalisation," the judge said.

The verdict added, "I affirm that consensual and respectful adolescent love is a natural part of human development." Dealing with a similar case on January 30, the judge upheld a trial court judgement acquitting a man booked under the POCSO Act.

Investigation showed the girl was around 16 years of age at the time of the incident, was brought back home whereas a case was lodged against the man for her sexual assault.