The High Court said that facts in the case are peculiar since the girl was aged 17 years and four months and the couple had a child after they eloped.
On Friday, the Delhi High Court suspended the sentence of a man who had been convicted of raping a minor. The court observed that the girl had eloped with the accused of her own free will and had misrepresented her age to him. Justice Jasmeet Singh granted bail to the man named Babloo, noting that the circumstances of the case were unusual. The girl, who was 17 years and four months old when she eloped with Babloo, had a child with him. In her statement under Section 164 of the Criminal Procedure Code and her testimony, the girl had clearly stated that she had run away with the accused voluntarily and was in love with him. She had also requested that the accused be released on bail.
“These are factums which persuade me to suspend the sentence of the appellant even though the appellant has not undergone 50% of the awarded sentence,” Justice Singh said.
Babloo had filed an appeal with the court challenging the trial court’s order that convicted him for offenses under Section 376(2)(n) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act. The trial court had imposed a sentence of 12 years rigorous imprisonment and a fine of ₹10,000. Justice Singh examined the case and released the appellant on bail, citing that either upholding or reversing the lower court’s order would require a detailed hearing that would take a considerable amount of time.
“The appellant will not interfere in the life of the prosecutrix and the minor child until and unless the prosecutrix so desires and permits… The appellant shall try and contribute some amount towards the upbringing of the minor child.”
The appellant was represented by Nitin Saluja, along with advocates Shivani Luthra Lohiya, Poonam Dangi, and Saahil Mongia. Ajay Vikram Singh, the Additional Public Prosecutor, appeared on behalf of the state. The prosecutrix was represented by advocate Aishwarya Rao.
Source: https://www.barandbench.com/news/litigation/pocso-act-delhi-high-court-suspends-sentence-man-noting-girl-lied-age-eloped-voluntarily