Consensual Romantic Relationship with Minor Near 18 Years Relevant for Bail in POCSO Case: Delhi High Court

The Delhi High Court granted bail to an accused under the POCSO Act, holding that although a minor’s consent has no legal validity, the romantic nature of the relationship and the prosecutrix’s age being close to 18 years are relevant factors at the bail stage.

The Court noted that the case appeared to arise from a consensual romantic relationship rather than violence, coercion, or brutality.

Relying on settled law regarding age determination through bone ossification tests, the Court treated the prosecutrix’s age as 17 years.

It further considered that all key witnesses had been examined and that the accused had remained in custody for over two years, tilting the balance in favour of granting bail.