Acts of mutual love and affection between a young couple cannot be attributed as “sexual assault” under the Protection of Children Against Sexual Offences (POCSO) Act, the Meghalaya High Court said.
In its October 27 verdict, the high court quashed a case against an accused minor and freed him from any liability in the criminal case.
The bench of Justice W. Diengdoh, in his judgment, observed that though consent of a minor is immaterial as far as 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 was hearing a mutual petition filed by the accused minor and the mother of his girlfriend seeking to quash the case. The case was filed after the minor girl, residing with her teacher at a school, was found missing on two occasions–December 11, 2020, and December 16, 2020. When informed about the girl’s absence, her mother had filed a complaint with the local police station.
A case was registered at Pynursla police station under Section 5(1)/6 of the POCSO Act after it was discovered that the minor was having physical relations with the accused, who was her boyfriend.
The police arrested the accused and he got bail after he was in custody for about 10 months.
The minor girl, during her deposition before a magistrate, admitted that she had physical relations with the accused, but her relationship with him was consensual and of her own free will.
The counsel for the petitioners submitted that this is a case where two teenagers are involved in a romantic relationship and unaware of the legal restrictions, had indulged in a physical relationship out of their own free will and consent.
“This is therefore not a case of sexual assault as could be understood from the provisions of the POCSO Act since, this is not a case in which extreme depravity, perversity or cruelty was found present and as such the petitioner/accused may not be subjected to face the rigours of law and to be penalized for the same for no fault of his taking into account that there is no ill-motive on his part,” added the petitioners.
(With ANI inputs)
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