While granting bail to a man who married a 14-year-old minor girl, the Allahabad High Court noted that the scheme of the Protection of Children from Sexual Offenses Act (POCSO) did not seek to put cases where adolescents or teenagers are involved "in thick romantic affair" within its reach [Atul Mishra v. State of Uttar Pradesh].
Atul Mishra, who had eloped with a 14-year-old girl and married at a temple, was granted bail by single-judge Justice Rahul Chaturvedi. Later, the minor girl gave birth to a child.
"The scheme of the Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair," the Court said.
The Court stated in this case that depriving the infant of parental love and affection would be excessively harsh and inhumane because both the accused and the minor victim loved each other and planned to marry.
"It is extremely harsh and inhuman to devoid that baby from the parental love and affection on account of the fact that both of them loved each other and decided to marry, when the girl was minor. Even today the boy (the applicant) is more than ready to keep his wife and baby with him and would take good care of both."
The case began in November 2019, when the girl's father filed a First Information Report against Mishra, stating that the applicant seduced his young daughter away.
Mishra was charged with rape under Section 376 of the Indian Penal Code (IPC), as well as charges under Sections 3 and 4 of the POCSO Act, 2012 (penetrative sexual assault) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
After receiving a tip from the informer, police caught the accused, who was discovered with the girl and the baby on October 10, 2021.
Because the victim was a kid at the time of the occurrence, she was taken to Rajkiya Balgirh (Balika) Khuldabad, while Prayagaraj and Mishra were sent to jail.
In November 2021, the Additional Sessions Judge/Special Judge (POCSO Act) in Fatehpur denied the bail plea filed on behalf of the applicant.
This resulted in the current appeal to the High Court.
The High Court stated that the POCSO Act was enacted to effectively combat the horrendous crime of sexual abuse and sexual exploitation of children.
In this regard, the court stated that the Act's goal must include some true and inherent exclusions and that it is necessary for the Court of Law to draw a thin line delineating the nature of acts that should not be made to fall within the scope of this statute.
"There are certain gray areas, where the severity of the sentences provided under the Act, rightly so be diluted keeping in view the facts of each case. If these rigors of the enactment is pasted hastily or irresponsibly, it could lead to irreparable damage to the reputation and future of young whose actions would have been only innocuous and may lead to spoiling the future life of that innocent lovers or couple who out of sheer innocence have initially developed and thereafter established that relationship, which if seen through the bioscope of these penal provisions of Act of 2012, would fall within the realm of offence," the Court opined.
As a result, the applicant was granted bail, and the In-Charge of Rajkiya Balgrih (Balika) Khuldabad was ordered to release the victim and her infant.
"Thus, assessing the totality of facts and circumstances, in this extraordinary condition and keeping in view the nature of the offence, evidence on record regarding complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed," the order said.