Merely Being Friendly On Valentine’s Day Does Not Give Licence For Forcible Relations: Delhi High Court Denies Bail
A bail application was filed in connection to offences under Section 64(1)/137(2) BNS and Section 4 of the POCSO Act.
Justice Girish Kathpalia, Delhi High Court
The Delhi High Court rejected a bail application stating that merely because a girl is friendly with a boy on Valentine Day, it does not give licence to the boy to forcibly establish sexual relations with her.
A bail application was filed in connection to offences under Section 64(1)/137(2) BNS and Section 4 of the POCSO Act.
A Bench of Justice Girish Kathpalia held, “Merely because, a girl is friendly with a boy and the day is Valentine Day, it does not give licence to the boy to forcibly establish sexual relations with her. Even filling the hair parting of the girl with vermilion without her consent cannot be justified, though it is not a prescribed offence.”
Advocate Vijayant Sharma appeared for the petitioner and Advocate Sanjeev Sabharwal appeared for the Respondent.
The accused/applicant had sought regular bail. As per the case, the FIR was registered on the statement of a 17 year old prosecutrix. She was living with her mother and two brothers as her father had passed away four years back and she knew the accused/applicant for past one year as they used to speak over telephone.
The accused/applicant allegedly called her to the house of a lady under some pretext. Once she reached there, the accused/applicant filled parting of her hair with vermilion and kissed her. Thereafter, despite her protests, the accused/applicant established sexual relations with her. On reaching home, her brother called police after which her medical examination was carried out.
Counsel for the accused/applicant contended that the prosecutrix was aged above 18 years and indulged in sexual relations with her consent. It was also contended that the day of the alleged incident was a special day being Valentine Day.
The State opposed the bail application, submitting that the prosecutrix as well as her brother have supported prosecution in their testimony recorded during trial. The prosecutrix also appeared to oppose the bail application, though she has now got married with someone else.
The Court observed that merely because a girl is friendly with a boy and the day is Valentine Day, it does not give licence to the boy to forcibly establish sexual relations with her. It further observed that even filling the hair parting of the girl with vermilion without her consent cannot be justified.
Cause Title: Wasim Akhtar v. State (GNCT Of Delhi), [2026:DHC:2354]
Appearance:
Petitioner: Advocates Vijayant Sharma and Nishant Kumar Saxena
Respondent: Advocate Sanjeev Sabharwal