Uttarakhand HC grants relief to 15-year-old boy booked for consensual sex with girl of his age

The Uttarakhand High Court has recently granted interim relief to a minor accused booked in a kidnapping case arising out of a relationship with a 15-year-old girl.

Justice Alok Mahra stayed proceedings before the Juvenile Justice Board (JJB) against the minor boy, who is also stated to be around 15 years old, till the next date of hearing.

"Considering the submissions advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of the criminal case, pending before learned Juvenile Justice Board, Dehradun, shall remain stayed," the Court ordered.

The Court also referred to the Supreme Court’s decision in State of Uttar Pradesh v. Anurudh, which underscored that courts should adopt a lenient approach in cases involving consensual relationships between adolescents.

The case arose from a first information report (FIR) lodged by the girl’s father alleging that the accused had kidnapped his minor daughter.  

Following the investigation, a chargesheet was filed, and proceedings were initiated before the JJB.

Before the High Court, the counsel for the minor accused submitted that both the accused and the girl are around 15 years old and have known each other for the past four years.

It was further pointed out that the girl in her statement before the Magistrate stated that she had voluntarily invited the minor boy to her house and that the physical relationship between them was consensual. It was also submitted that medical evidence did not indicate use of force.

The counsel also submitted that directing the minor accused to be kept as a child in conflict with the law in an observation home may have an adverse impact on his future prospects.

Taking note of the submissions, the High Court issued notice in the matter and stayed further proceedings before the JJB till the next date of hearing.

Advocate Snigdha Tiwari, with Advocates Abhijay Negi and Ayush Pokhriyal, appeared for the boy.

AGA SC Dumka appeared for the State of Uttarakhand.

[Read Order]