Meghalaya High Court: Relationship with a 16-year-old boy, why the court released him even after being arrested in POCSO

The Meghalaya High Court bench was hearing a plea seeking quashing of FIRs for offenses under POCSO, claiming that the matter was not a case of sexual assault, but of a purely consensual act. I went.

The Meghalaya High Court has given an important verdict in a case under the Protection of Children from Sexual Offenses Act 2012 ( POCSO ) and quashed the FIR lodged. During this, while commenting on him, he said that at the age of 16, the child is capable of taking a decision regarding sex. The Single Judge Bench of Justice Wanlura Diengdoh accepted the petition and quashed the proceedings of the FIR registered against the accused and the special POCSO case and released him.

The High Court says that a large number of cases registered under POCSO are based on complaints from families of adolescent girls who have been involved in romantic relationships with each other. It is clearly seen in the act that there is no point in bringing such matters to the fore where the matter is related to romantic relationship.

The court also appealed to keep pace with the changing social needs and bring necessary changes in the law, especially in stringent laws like the POCSO Act. The Court said that we would consider it reasonable considering the physical and mental development of a juvenile of that age group (referring to a minor of about 16 years of age) that he is capable of making a conscious decision to enter into a relationship.

The accused was arrested in the year 2021

The bench was hearing a plea seeking quashing of the FIR for offenses under POCSO, claiming that the matter was not a case of sexual assault, but was purely consensual. Actually, the petitioner and the alleged victim were in love with each other. The accused was arrested in the year 2021 under POCSO. On January 1, 2021, an FIR was lodged with the police on behalf of the girl's mother. During this, it was alleged that his daughter had been abducted and had sexual relations with her. The accused used to work in several houses and during this time he got acquainted with the alleged victim. It is alleged that both went to the petitioner's uncle's house where they had sexual relations.