Finance
This ruling was given as a single-judge bench of the High Court quashed a First Information Report (FIR) for offences under the Protection of Children from Sexual Offence (POCSO) Act, 2012, pertaining to penetrative sexual assault on a minor.
Accused in love with victim
In this case, an FIR was filed against the accused by the mother of the teenage girl on January 1, 2021. She accused him of kidnapping and deriving sexual favors from her daughter.
In his plea, the accused claimed that the act was not a case of sexual assault but was purely consensual, as the petitioner and the alleged victim were in love with each other.
The petitioner became acquainted with the alleged victim, and the duo allegedly went to the petitioner’s uncle’s house, where they engaged in sexual inter-course.
The teenage girl, in her statement under Section 164 Cr PC and during her testimony in court herself, disclosed that she was the petitioner’s girlfriend and that the sexual intercourse took place with her consent, without involvement of any force.
Disgruntled family members filing cases
The HC observed that many cases filed under POCSO are those by families of adolescents and teenagers involved in romantic relationships with each other.
In this particular case, the petitioner was released and discharged from any liability.
Need to keep pace with societal changes
The court categorically stated that “the scheme of the (POCSO) Act clearly shows that it did not intend to bring within its scope or ambit, cases of the nature where adolescents or teenagers involved in romantic relationships are concerned.”
The High Court urged the legislature to ensure that Acts and policies kept pace with the changing societal needs by bringing about necessary changes in the law.
