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Acts Of Mutual Love Between Minor Couple Not Sexual Assault Under POCSO: Meghalaya HC
Writer: Snehadri Sarkar
While he is a massive sports fanatic, his interest also lies in mainstream news and nitpicking trending and less talked about everyday issues.
Meghalaya, 3 Nov 2022 6:30 AM GMT
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Creatives : Snehadri Sarkar
While he is a massive sports fanatic, his interest also lies in mainstream news and nitpicking trending and less talked about everyday issues.
In an official verdict on October 27, the high court dismissed a case against an accused minor and freed him from liabilities in the criminal case.
Acts of affection and mutual love between a young couple can no way be attributed as "sexual assault" under the Protection of Children Against Sexual Offences (POCSO) Act, the Meghalaya High Court stated.
In an official verdict on October 27, the high court dismissed a case against an accused minor and freed him from liabilities in the criminal case, reported News18.
What Did The Meghalaya HC Said?
The Justice W Diengdoh bench, in his final judgment, observed that even though consent of a minor is immaterial when it comes to prosecution for an alleged offence of sexual assault is concerned; however, "considering the peculiar facts and circumstances of a particular case, such as in a case of a boyfriend and girlfriend particularly, if both of them are still very young, the term 'sexual assault' as could be understood under the POCSO Act cannot be attributed to an act where, there is, as pointed above, mutual love and affection between them."
The bench mentioned above was hearing a joint petition filed by the accused minor and his girlfriend's mother seeking to quash the case. This case was officially filed after the minor girl, residing with her teacher at a school, was found to be missing on two occasions-December 11, 2020, and December 16, 2020. When reported about the girl's absence, her mother filed a complaint at the local police station.
As a result of it, a case was filed at Pynursla police station under POCSO Act's Section 5(1)/6 after it was revealed that the minor was actually having physical relations with the accused, who was her boyfriend in this case. The police arrested the accused, but he got bail after being in custody for approximately ten months.
Meanwhile, in her deposition before a magistrate, the minor girl confessed that she had physical relations with the accused boy; however, her relationship with him was fully consensual and of her own free will.
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