Assault on victim and the need for stringent provisions under POCSO Act, the Court observed that “in a case where there is mutual love and affection between a child and a person which might even lead to a physical relationship, though the consent of the child under the law is immaterial as far as prosecution for an alleged offence of sexual assault is concerned”.
The Court also observed that “…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 Court noted the observation in Ranjit Rajbanshi v. State of W.B., and Vijayalakshmi v. State, Crl. O.P. No. 232 of 2021, order dated 27.01.2021, where it was held that
“There can be no second thought as to the seriousness of offences under the POCSO Act and the object it seeks to achieve. However, it is also imperative for this Court to draw the thin line that demarcates the nature of acts that should not be made to fall within the scope of the Act, for such is the severity of the sentences provided under the Act. Justifiably so, that if acted upon hastily or irresponsibly, it could lead to irreparable damage to the reputation and livelihood of youth whose actions would have been only innocuous. What came to be a law to protect and render justice to victims and survivors of child abuse, can, become a tool in the hands of certain sections of the society to abuse the process of law.”
In the light of facts of the case, argument advanced, authorities cited and in the interest of Justice, the Court quashed the FIR and criminal proceedings under POCSO Act and absolve the accused from any liability in the aforementioned criminal case.
[Silvestar Khonglah v. State of Meghalaya, Criminal Petition No. 45 of 2022, decided on 27.10.2022]
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