The Delhi High Court has ruled that a boy's friendship with a girl cannot be treated as permission for any physical relationship, particularly when the girl is a minor under the law. The ruling came as the Court rejected the bail plea of a man accused of repeated misconduct towards a minor girl.

Justice Girish Kathpalia, in an order dated July 24, emphasized that even if consent is claimed, it holds no legal weight when the individual involved is under 18. The Court stressed that emotional proximity or personal familiarity does not imply consent for physical advances, especially when the law prohibits a minor from consenting.

The Court noted that the FIR and the girl’s statements carried specific allegations of continued inappropriate behavior despite her resistance, effectively dismissing any claims of a consensual relationship.

The accused had argued that the girl was an adult and their interactions were consensual. However, the Court relied on school records to establish that the girl was a minor at the time. It also rejected attempts to rely on isolated statements from the girl's mother, stating that such interpretations must be considered in the context of the complete record.

According to the prosecution, the accused, a daily wage worker at the NDMC flats in Vikaspuri, became acquainted with the girl in April 2023. He allegedly continued inappropriate conduct until November 2023 and warned her not to report the incidents.

Justice Kathpalia further held that bail proceedings are not the stage to test the evidentiary value or credibility in detail. Given the nature of the allegations and the protective intent of the POCSO Act, the Court concluded that the case did not merit the grant of bail.

The bail plea was accordingly dismissed.