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IN THE HIGH COURT AT CALCUTTA
TIRTHANKAR GHOSH
.... Guardian of the Victim Girl – Appellant
Versus
State of West Bengal – Respondent
Judgment :
Tirthankar Ghosh, J.
The present revisional application has been preferred against the order dated 20.12.2024 passed by learned Additional Sessions Judge, Mekhliganj, Cooch Behar in Criminal Misc. Case No. 131 of 2024 which was preferred in connection with POCSO Case No. 17 of 2024. By the said order, the learned court refused the prayer for interim compensation as advanced by the petitioner who is the mother of the victim girl (“Y”).
The allegation made in the letter of complaint, which is the genesis of Haldibari Police Station Case No. 122 of 2024 dated 29.08.2024, is as follows :
The informant addressed a written complaint to the Inspector-in-Charge, Haldibari Police Station informing that on 24.08.2024 at about 9.30 hrs., her minor daughter, aged about 16+ years, left home by representing that she will attend her tuition classes. After lapse of considerable period of time, the victim girl (“X”) did not return. As such, the mother of the victim girl (“Y”) along with her other relations started searching for her, but the minor victim girl (“X”) was not traceable. The informant had been to the private tutor also who represented that “X” did not attend her tuition classes
The court ruled that the prosecution failed to prove the victim's age as below 18 years, thus the POCSO Act was not applicable, leading to a modification of the conviction under IPC.
Rule 9 deals with grant of compensation.
(1) Age determination is of paramount importance for ascertaining whether or not an accused comes within purview of Juvenile Justice (Care and Protection of Children) Act, 2015.(2) Compensation to vi....
Consent of a minor is not lawful; thus, any relationship or agreement made by a minor cannot absolve the accused of criminal liability under kidnapping and sexual assault laws.
The urgent need to curb diversionary tactics of the defence to circumvent the provisions of law and the presumption as to certain offences under Section 29 of POCSO Act.
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