Not required to check Aadhaar, PAN before consensual sex: Delhi HC

The Delhi High Court observed that a person, who is in a consensual physical relationship, is not required to see an Aadhaar and a PAN card and verify the date of birth before sex with his/her partner.

Justice Jasmeet Singh was hearing a bail application of a man accused of raping his alleged minor partner who has three different dates of birth on her records of which the court was in the view that she was not a minor during the alleged rape.

“The person, who is in a consensual physical relationship with another person, is not required to judicially scrutinise the date of birth of the other person. He is not required to see Aadhaar card, PAN card and verify the date of birth from her school record before he enters into a physical relationship.

“The very fact that there is an Aadhar Card and the very fact that the same shows date of birth as 01.01.1998 is sufficient for the applicant to form an opinion that he was not indulging in physical relationship with a minor,” the recent order read.

Another reason which prompts granting of bail is that there are transfers of huge amounts of money in favour of the prosecutrix (girl), the court said further pointing out the “inordinate delay” of registering an FIR in the matter.

“I am of the view that in the present case, there is much more than what meets the eye,” the Judge held.

The court also referred to another verdict of ‘Kapil Gupta vs. State’, which had noticed that there were cases where innocent persons were being honey trapped and huge amounts of money are being extracted from them.

The court had directed Commissioner of Police to personally look into the matter and investigate such cases of honey trapping.

It was directed by the court that the Commissioner of Police will have a detailed investigation as regards the prosecutrix if any such similar FIR has been registered by the prosecutrix against any other person in Delhi.

The court also directed the police to investigate the Aadhaar card and the date of issuance of the same and the supporting documents filed for issuance of the said Aadhaar card.

After directing the man to furnish a personal bond with one local surety in the sum of Rs 20,000, the court allowed him bail.

20220830-120002

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