Citing Supreme Court's Romeo Juliet Judgment, Rajasthan HC Grants Bail in POCSO Case

The Rajasthan High Court has underscored the distinction between consensual adolescent relationships and sexual exploitation, granting bail to a 19-year-old accused of sexual assault. Invoking the spirit of a 'Romeo-Juliet' clause, the Bench observed that genuine cases of adolescent love should not be met with disproportionately severe criminal consequences under the POCSO Act.

Justice Sanjeet Purohit, sitting as a single bench, heard the bail application filed under Section 483 of the B.N.S.S.. The Rajasthan High Court scrutinized the allegations involving Sections 137(2), 87, 64(1), 127(2), and 351(3) of the BNS, alongside provisions of the POCSO Act.

Key Takeaways

Distinguishing Consent from Abuse

Recognized that voluntary participation by minors in adolescent relationships prima facie indicates a lack of criminal exploitation.

Judicial Push for Statutory Reform

Reinforced the necessity for a 'Romeo-Juliet' clause to prevent the misapplication of stringent laws against teenagers engaged in mutual relationships.

Liberty Pending Trial

Clarified that where investigation is complete and the trial is expected to be prolonged, continued incarceration in 'adolescent love' cases is unwarranted.

Court Observations on Consensual Conduct

Upon perusal of the charge sheet, the Rajasthan High Court noted that the victim had specifically admitted to being acquainted with the applicant and joining him of her own free will. The bench highlighted that the victim remained with the applicant for over two weeks without raising any alarm.

The Bench observed that “Having regard to the age of the accused-applicant and the victim, the present case prima facie appears to be one involving adolescent love. Recently, in State of Uttar Pradesh v. Anurudh & Anr., Hon’ble Supreme Court observed that a 'Romeo–Juliet' clause may be incorporated into the POCSO Act to distinguish consensual relationships between adolescents from cases involving sexual exploitation or abuse. The Court expressed concern that the Act is sometimes applied to genuine adolescent relationships, exposing those involved to disproportionately severe criminal consequences despite the absence of exploitation.”

Ratio

Consensual relationships involving adolescents characterized by 'adolescent love' rather than exploitation, particularly where the victim joins the accused of their own volition without protest, warrant a lenient approach regarding pre-trial detention. Stringent statutes like the POCSO Act must be interpreted with caution to avoid punishing genuine teenage relationships with the same severity as predatory sexual abuse.

Background

The dispute originated from an FIR lodged at Devgarh Police Station, where the complainant alleged that her 17-year-old daughter was missing and suspected the applicant, aged 19, had taken her. The victim was eventually recovered from a factory where the applicant worked. While the victim initially claimed in her statements under Sections 180 and 183 of the B.N.S.S. that she had gone voluntarily, she subsequently alleged forcible sexual assault during her stay.

Counsel for the applicant argued that the case was one of 'adolescent love' rather than abduction, noting the lack of signs of force in the medical examination report. The State opposed the bail, citing the gravity of the offences. The Rajasthan High Court, however, found that since the investigation was complete and the charge-sheet filed, the applicant deserved to be enlarged on bail subject to personal bonds and specific conditions.

Case Details:
Case No.: S.B. Criminal Miscellaneous Bail Application No. 10375/2026
Neutral Citation: 2026:RJ-JD:49727
Case Title: Mohan Lal Alias Arvind v. State of Rajasthan & Anr.
Appearances:
For the Petitioner(s): Mr. Deepesh Gurjar, Advocate
For the Respondent(s): Mr. Surendra Bishnoi, Public Prosecutor

Source: 2026 CaseBase(RAJ) 26012