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New Delhi: The Delhi High Court has observed that teenage love and "such offences" fall in a "legal grey area" and it is debatable if this can be categorised as an offence.
The court said it is coming across a number of cases where girls, who are over 17 years of age, elope with men of their choice and when they are caught, the parents of the victim force them to change the statement before the police.
"The police also record such statements at a later stage which are completely contrary to the earlier statements. Majority of the statements recorded under Section 164 CrPC also do not conform to the victim's earlier statements given by the victim under Section 161 CrPC which is contradictory," Justice Subramonium Prasad said.
The court further said, "Teenage love and such offences fall in a legal grey area and it is debatable if that can be actually categorised as an offence. This court at the moment is not commenting as to whether the offence has been committed by the petitioner (accused) or not."
The high court granted bail to a 22-year-old man, accused of abducting a girl 17 years of age.
"The petitioner has been in custody since April 19, 2022. Charge sheet has been filed.
"Conditions can be imposed restraining the petitioner from making contact with the victim. Keeping the petitioner further in custody will be detrimental to the future of the petitioner who is about 22 years of age," it said.
An FIR was lodged by the minor girl's father in January 2022 alleging that the accused misled his daughter and took her with him. The girl was rescued in March 2022.
In her initial statement, the girl submitted that after informing her mother, she went to the house of her friend where she had called the accused for meeting. Both of them then purchased tickets to Madhya Pradesh and started residing there in a rented accommodation.
She said when she came to know that her father had filed a criminal case, they took a train and came back to Delhi and made a call to the police.
However, after 23 days, the girl made another statement in which she stated that the accused told her that her parents were searching for her and they will kill her if she goes back to her house.
She stated that the accused took her to Madhya Pradesh and they started residing there in an accommodation and he refused when she asked him to take her to her parents.
She said his father and uncle came to Madhya Pradesh and they took them to Bihar and confined her there and gagged her mouth and also got prepared forged documents for court marriage and their marriage was solemnised.
Later, the man's father brought the girl to Delhi and handed her over to the police, she claimed.
While granting bail to the man, the high court said "material improvement" had been made in the second statement of the girl which was recorded 23 days after her first statement.