The Delhi High Court has denied bail to a man accused of repeatedly raping a minor girl, ruling that mere friendship does not amount to consent, especially when the survivor is underage.
The accused, a construction labourer working at NDMC flats in Vikaspuri, allegedly raped the girl several times between April and November 2023. According to the FIR and the victim’s statement, the acts were committed against her will and under threat.
The man claimed that the girl was a major and that their relationship was consensual. However, the Court referred to school records confirming that the girl was a minor at the time of the incidents.
Justice Girish Kathpalia observed:
“Merely because a girl befriends a boy, the latter cannot be given liberty to indulge into sexual intercourse with her without her consent. Further, even the consent would not be lawful in the present case because the prosecutrix was minor in age.”
The Court also noted that the FIR mentioned the accused had used “sweet talk” to befriend the girl, which cannot be seen as consent.
“I am unable to find it a case of consensual relations merely because in the FIR the prosecutrix stated that the accused/applicant with his sweet talk befriended her,” the judge said.
The Court rejected the accused’s reliance on a selective portion of the girl’s mother’s statement, stating that it could not be read in isolation.
Holding that the nature and seriousness of the allegations made the case unfit for bail, the Court dismissed the plea, stating there was “no merit” in the application.
The order reinforces the provisions of the Protection of Children from Sexual Offences (POCSO) Act and Section 375 of the IPC, under which sexual activity with a minor is treated as rape, irrespective of consent.
