The girl “was bold enough to declare that she was in love with the accused,” the Court observed while granting bail to the accused in the case titled Virendar Singh versus The State of Haryana
By: Shannia Yesenia, LLB, Prima University
The Himachal Pradesh High Court recently granted bail to a 24-year-old man, who was accused in a POSCO case of having sexual intercourse with a 16-year-old girl.
The accused has been in custody for around three months.
According to the judge, the girl had come to his home, stayed there, had coitus, which on the intervention of her parents led to the registration of FIR, has now come up before this Court seeking regular bail on the ground of the conduct of the victim.
The allegations against the petitioner are that on the first of November last year, the victim’s father informed the Police that his daughter is missing from home. He also told the police that after a frantic search, they realized that one Virender Singh (petitioner herein) had allured her away with him. After that, they noticed the victim in the compound of Virender Singh’s house, who himself was not present at home on that day.
On interaction with her parents, she said that she had voluntarily left home because she was in love with Virender and she refused to return home.
After that, the victim and her parents visited the Counsellor of Child Welfare Centre in Nahan, where the victim told her mother that the petitioner allured her.
According to a single bench of Justice Anoop Chitkara, the girl “was bold enough to declare that she was in love with the accused.”
“When her parents asked her to return home, she refused to go with them because she was in love with the petitioner. The girl’s unequivocal declaration about her passion for the boy is not an ordinary activity for a young girl in a Hindu rural society”, the Court observed.
Furthermore, the court noted that it is not unusual for a girl to fall in love with an older boy. It was said that “The boy is aged 24 years, whereas the girl is aged 16. Even though the age gap between them is enormous, this is probably because of social background. Families arrange marriages in the Indian social setup. In such arrangements, mostly, the bride is younger than the groom, sometimes with a considerable age gap. The children also notice that their father is older than their mother. Such social settings might be a catalyst for a girl to fall in love with a more senior boy. Even otherwise, it is not unusual that a girl aged 16 years of age falls in love with a boy aged 24 years or vice versa. Love is indeed blind.”
Undoubtedly, he should not have had coitus with the victim, but allegedly still, he went ahead with it. It is also beyond any comprehension that he should have refrained from caressing, fondling, and talking of the penetrative act. Undoubtedly, due to the lack of an appropriate curriculum on sex education in schools, people do not know what is legally prohibited. It is for the Executive to think about sex education. However, it is a policy matter for the policymakers to consider, and the Court has refused to comment on it.
“Kidnapping and rape are indeed very heinous offences. However, at the bail stage, the Court has to consider prima facie under what circumstances the offence is committed by the accused. Considering the same, the Court believes that the petitioner has made out a case for bail, and his further incarceration is uncalled for”, the Court said.