Can’t equate mutual acts of love between minor couple as sexual assault under POCSO, says HC
Quashing a case against an accused minor, the Meghalaya High Court said that acts of mutual love and affection between a minor boy and girl can not be equated to “sexual assault” under the Protection of Children Against Sexual Offences Act (POCSO Act).
The court freed the accused minor from any liability in the criminal case while disposing a mutual plea filed by the accused minor and the mother of his girlfriend on Oct 27.
During the hearing the Court of Justice W Diengdoh observed that though consent of a minor is immaterial as far as prosecution for an alleged offence of sexual assault is concerned, “...but 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 Hindustan Times reported.
The matter came to light after the mother of the minor lodged a police complaint that her daughter was sexually assaulted by the boy on two occassions as a result the accused was arrested in put in jail for 10 months.
However, the girl during her deposition before a magistrate admitted that her relation with the accused was consensual.
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