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1. Heard Shri Ishan Deo Giri, learned counsel for the applicant, learned A.G.A. and perused the record of the case.

2. Applicant Atul Mishra is facing prosecution in Case Crime No.0456 of 2019, u/s 363, 366, 376 I.P.C.; Section ¾ of POCSO Act, 2012 and Sections 3(2)v, 3(2)va of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station-Khaga, District-Fatehpur. He is behind the bars in connection with aforesaid offence since 4.10.2021 and seeking bail during trial, whereas the victim/prosecutrix is languishing at Government Child Welfare Home (Girls), Khuldabad, Prayagraj along with her infant baby in her lap.

12. There can be no second thought as to the seriousness of the offence under the POCSO Act and the object to achieve. Enactment of POCSO Act was to effectively address the heinous crime of sexual abuse and sexual exploitation of children. The Act was introduced to provide protection of children from the offences of sexual assault and harassment etc. This Act also provides for safeguarding the interest of the child at every stage of judicial process. But this laudable object must have some genuine and inherent exceptions too. It is imperative for the Court of law to draw thin line that demarcates the nature of acts that should not be made to fall within the scope of this enactment. There are certain gray areas, where the severity of the sentences provided under the Act, rightly so be diluted keeping in view the facts of each case. If these rigors of the enactment is pasted hastily or irresponsibly, it could lead to irreparable damage to the reputation and future of young whose actions would have been only innocuous and may lead to spoiling the future life of that innocent lovers or couple who out of sheer innocence have initially developed and thereafter established that relationship, which if seen through the bioscope of these penal provisions of Act of 2012, would fall within the realm of offence.

13. Growing incidences where teenagers and young adults fall victim of the offences under the POCSO Act, being slapped by the penal provisions of POCSO Act without understanding the far reaching implication of the severity of the enactment, is an issue that brings much concern to the conscience of this Court. A reading of the statement of objects and reasons of POCSO Act would show that, as mentioned, to protect the child from the offences of sexual abuse, sexual assault and harassment, pornography, pursuant to the Article-15 of the Constitution of India, 1950 and the Conservation on the Rights of the children. However, a large array of the cases filed under the POCSO Act seems to be those arising on the basis of the complaints/F.I.Rs. lodged by the families of adolescents and teenagers who are involved in romantic relationship with each other. The scheme of the Act clearly shows that it did not intend to bring within its scope or limits, the cases of the nature where the adolescents or teenagers involved in the dense romantic affair.

16. Assessing the totality of the circumstances, the childhood domestic training of the adolescent teenagers should be blamed and targeted, where their parent have miserably failed to inculcate the values of life, the family traditions, their focus towards the life and their priorities. It is the parent to be blamed for their complete inaction and their responsibilities qua their children. Lodging the F.I.R. would not be going to absolve them from their failure as parent. But all said and done, if these teens decided to enter into nuptial knot and now they have baby out of this relationship, certainly rigors of POCSO Act would not come in their way. The girl is not sexually abused or no sexual assault was made upon her, nor she has been sexually harassed by the applicant, as contemplated by the object of POCSO Act.