A. P. SAHI, J. This bail has been moved in Case Crime No. 43 of 2009. The allegation against the applicant is that he has committed the offence of rape on the victim Km. Shushma. 2. The allegation in the F. I. R. is that at about 6. 00 P. M. in the evening of 18. 1. 2009 when the victim had gone to the field to attend the call of nature, the applicant allegedly enticed away the victim. The basis for this suspicion was that the applicant used to manage telephone calls at his friends place where the victim also allegedly used to communicate with him. The F. I. R. names 3 other persons, who allegedly helped the applicant in communicating with the victim on telephone. 3. The F. I. R. was lodged after 3 days where after the investigation proceeded. The complainants statement was recorded and later on the victim was allegedly recovered along with the applicant from the railway Station on 16. 2. 2009; the recovery memo is Annexure-4 to this Application. They were taken into custody and thereafter the statement of the victim was also recorded under Section 161, Cr. P. C. in which she has stated that the applicant used to eve tease the victim and the applicant also pressurised the victim to marry him. The statement further recites that with the help of 2 other friends, the applicant succeeded in eloping with the victim with the promise to marry her, and they travelled by Bus to Haryana from where they went to the State of Karnataka. During their stay together, the victim alleges that the applicant had intercourse with her. It is alleged that the applicant again returned by train to Baraut (U. P.) along with the victim whereafter both of them were apprehended. 4. Learned counsel for the applicant contends that the victim is more than 18 years of age inasmuch as, her recorded date of birth in the High School Certificate is 5. 6. 1990. It is urged that she was a major and that she had accompanied the applicant voluntarily to several places. The medical report does not support the prosecution version as no injuries were found and that she was found habitual to sexual intercourse.
6. 1990. It is urged that she was a major and that she had accompanied the applicant voluntarily to several places. The medical report does not support the prosecution version as no injuries were found and that she was found habitual to sexual intercourse. Learned counsel contends that this is a clear case where the possibility of consent cannot be ruled out and since this has happened contrary to the wishes of parents of the victim, and they belong to different communities, that the applicant has been roped in this case. 5. Consent has been defined ordinarily as an assent by a person, whether a girl or a boy, who has attained the age of majority. It means to feel together and to be of the same mind. It is an agreement in sentiment to be at one and in accord. It reflects harmony and to act in sympathy with each other. It is voluntary accession or acquiescence to what another proposes or desires. It is in effect a concession where one concedes with concurrence and is presumed to have extended permission. 6. The age of consent as understood under criminal law is the age fixed by law at which a persons consent to certain acts, for example marriage, sexual intercourse etc. , is valid in law. The basis of such consent is founded on faith and agreement in feeling. 7. This theory of the age of consent has been described in the following words and a chart thereafter depicts the age of consent as valid in different countries: "the age of consent is the age at which the law allows people to agree to have sex. This can differ greatly from country to country and is not always clear. Here are a few examples of different countries and their laws for male-female, male-male and female-female sex.
This can differ greatly from country to country and is not always clear. Here are a few examples of different countries and their laws for male-female, male-male and female-female sex. Country Male-Female Male-Male Female-Female Albania 14 14 14 Algeria 16 Illegal Illegal Bahamas 16 18 18 Bulgaria 14 14 14 China 14 Not defined Not defined Costa Rica 15 15 15 Estonia 14 16 16 France 15 15 15 Germany 14 14 14 Guyana 13 Illegal Illegal Hungary 14 18 18 Indonesia 17 No laws No laws Japan 13 13 13 Korea 13 13 13 Madagascar 21 21 21 Malta 12 12 12 Netherlands 12 12 12 Oman None Illegal Illegal Pakistan None Illegal Illegal Romania 14 Illegal Illegal Saudi Arabia Must be married Illegal Illegal Swaziland 18 Illegal Illegal Taiwan 16 16 16 United Kingdom 16 16 16 Uzbekistan 16 Illegal 16 Zimbabwe 12 Illegal Illegal The aforesaid compilation is available in "the Legal Companion" published by Rain tree Publications, Chennai. 8. The aforesaid Chart would indicate that different countries have been fixing different ages of consent which is applicable in such matters according to law of the land. It is, therefore, necessary to debate upon this issue particularly in cases where there is an evidence of consent between the girl and the boy who might have committed a mistake of adolescent age. Their act, if by consent, has to be judged from a different angle and should not be exalted to the position of a crime on account of difference of opinion between the parents or the guardians of such children. It is not to be lost sight of, that today with the advanced system of communications, and the media projecting family life dreams free by and in a transparent manner has a vital impact on the mind of the younger lot of this generation. Co-education has become very common in institutions and the growth of urban agglomeration has brought about the existence of families in the neighbourhood in great numbers. The mixing up of boys and girls of adolescent age has, therefore, seen a steep rise and which is unfortunately coupled with lowering of rural standards. In such circumstances, to treat any such mistake by consent as a crime and to put youngsters behind bars and convict them for a crime, may require some re-thinking. 9.
The mixing up of boys and girls of adolescent age has, therefore, seen a steep rise and which is unfortunately coupled with lowering of rural standards. In such circumstances, to treat any such mistake by consent as a crime and to put youngsters behind bars and convict them for a crime, may require some re-thinking. 9. However, the aforesaid issue may arise in some appropriate case and might be a consideration for the legislature to bring about necessary amendments in the law if required to deal with such peculiar situations as reflected herein above. 10. Having considered the submissions advanced, the matters appears to be prima facie one of consent and, therefore, the applicant is entitled for bail. 11. Let the applicant-Naresh involved in Case Crime No. 43 of 2009, under Sections 366/376/34, I. P. C. and Section 3 (2) (v) SC/st Act, Police Station-Baraut, District-Baghpat, be enlarged on bail on his executing a personal bond and furnishing two sureties, each in the like amount, to the satisfaction of the Court concerned. .