Overview

• The court rejected bail for an accused charged under IPC sections 376, 354D and 506 as well as the POCSO Act for allegedly raping a minor after befriending her.
• Justice Girish Kathpalia held that even claimed consent by a girl under 18 is invalid under the POCSO framework.
• The judgment clarified that mere friendship offers no legal right to engage in sexual relations without clear, lawful consent.
• It followed the government’s recent written submissions in a Supreme Court public interest litigation opposing any reduction of the POCSO age-of-consent.
• The decision reinforces strict enforcement of child protection safeguards and the inviolability of the 18-year threshold under POCSO.