Chetan vs. State Govt. of NCT Delhi
Background
Chetan was arrested in May 2026 after a 16-year-old girl, reported missing by her father in January 2026, was found living with him. He claimed they had married, though no proof was produced, and medical examination showed she was pregnant from when she was still a minor. This was his third bail application. By the time of this hearing, the girl's parents appeared in court and told the judge they now accepted the relationship and did not want to pursue the case further.
Decision Breakdown
The Court noted the relationship appeared consensual, that the girl had gone with Chetan voluntarily, and that her parents no longer wished to continue the prosecution. It relied on a recent Supreme Court ruling criticizing the misuse of the POCSO Act to punish genuine adolescent relationships that families initially object to, and a similar Delhi High Court precedent. Given these factors, the near-complete trial evidence, and over four months already in custody, the Court granted regular bail with standard conditions.
Lesson Learnt
Courts are increasingly willing to scrutinize POCSO cases for possible misuse in situations involving consensual adolescent relationships and later family acceptance, though age and consent remain legally fraught: this case turned on its own particular facts rather than a blanket rule.