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IN THE HIGH COURT OF MADHYA PRADESH
Deepak Kumar Agarwal, J.
Kailash Sharma – Appellant
Versus
The State of Madhya Pradesh Incharge Police Station – Respondent
Misc. Criminal Case No. 25264 of 2023
Decided On : 12-07-2023
POCSO Act - Quashing of FIR - Section 3/4 of POCSO Act, Sections 376, 506 of IPC - High Court's interpretation of POCSO Act and its implications on adolescent relationships
Fact of the Case:
The petitioner was accused of committing sexual offenses against a minor prosecutrix, who alleged that he pressured her into physical relations and threatened her with obscene photographs.
Finding of the Court:
The court considered the physical and mental development of the minor prosecutrix and concluded that the proceedings before the trial court would serve no purpose in the peculiar facts and circumstances.
Issues: The key issue revolved around the applicability of the POCSO Act to adolescent relationships and the capacity of minors to make conscious decisions regarding their well-being.
Ratio Decidendi: The court's decision was influenced by the interpretation of the POCSO Act, highlighting the need for legislative amendments to address cases involving adolescents in relationships and the lack of mens rea in the peculiar circumstances of the case.
Final Decision: The court allowed the petitioner's prayer and quashed the impugned FIR and all consequential proceedings arising from the case.
ORDER
1. This petition has been filed under Section 482 of the Cr.P.C. for quashing of the FIR registered at Crime No.586/2022 at Police Station- Padav, District, Gwalior under Sections 376, 506 of IPC as well as under Section 3/4 of POCSO Act as well as the chargesheet and all other criminal proceedings instituted at this crime number.
2. In brief, facts of the case are that on 28.12.2022 prosecutrix aged about 17 years 10 months lodged a computerized complaint at Police Station Padav District Gwalior alleging that she is studying in 12th standard. Present petitioner and prosecutrix developed friendship through facebook and thereafter petitioner started talking with the prosecutrix on mobile phone and chatting on whatsapp. On 10.12.2020 petitioner called prosecutrix to meet her and took her to a hotel situated near Rock On Hotel and started doing obscene acts with her and started pressurizing her to make physical relation with him. When prosecutrix refused, he led the prosecutrix to believe that he is unmarried and promised to marry her and took obscene photographs of her. On 18.10.2022 petitioner again called the prosecutrix at Rock On Hotel. When the prosecutrix refused to come, petitioner threatened her to viral the photographs. Petitioner again committed sexual intercourse with the prosecutrix by extending threatening. On 23.12.2022 petitioner by leading the prosecutrix to believe that he will solemnize marry with her, took her at Rock On Hotel Padav Gwalior. The petitioner by extending threatening to the prosecutrix that he would viral the photographs and kill her, committed sexual intercourse with her. On 24.12.2022 petitioner called the prosecutrix at Mela Ground Gwalior and told her that he is already a married person and will not marry with her. On her report, FIR bearing Crime No.586/2020 at Police Station- Padav, District, Gwalior under Sections 376, 506 of IPC and under Section 3/4 of POCSO Act was registered against the petitioner.
3. Learned counsel for the petitioner made submission that after about one year on 28.12.2022, a false FIR has been lodged. Beside this, if any intercourse has been done, the same was with her consent, there was no force involved in it. There was no evidence of any penetration of sexual assault. In this regard, he has placed reliance on the judgment of High Court of Meghalaya At Shillong passed in Crl. Petn. No.3 of 2003 (Shri. John Franklin Shylla Vs. State of Meghalaya & Anr). Learned counsel for the petitioner has also placed reliance on the judgment of Hon'ble Supreme Court in the case of State of Rajasthan Vs. Tarun Vaishnav & Anr. passed in SLP (Crl) No. 1890/2023. With aforesaid submissions, he prayed for quashment of impugned FIR as well as all the consequential proceedings arising out of the said crime.
4. Learned Public Prosecutor for the State made submission that it is true that FIR is belated, but the prosecutrix is minor. Hence, prayed for dismissal of this petition.
5. The Hon'ble Madras High in the case of Vijayalakshmi & Anr. v. State Rep. By. Inspector of Police, All women Police Station, Erode: Crl. O.P No. 232 of 2021, para 12 & 18 has observed as under:
12. As rightly recognized by the Learned Single Judge of this Court in Sabari's Case (cited supra), incidences where teenagers and young adults fall victim to offences under the POCSO Act being slapped against them without understanding the implication of the severity of the enactment is an issue that brings much concern to the conscience of this Court. A reading of the Statement of Objects and Reasons of the POCSO Act would show that the Act was brought into force to protect children from offences of sexual assault, sexual harassment and pornography, pursuant to Article 15 of the Constitution of India, 1950 and the Convention on the Rights of the Child. However, a large array of cases filed under the POCSO Act seems to be those arising on the basis of complaints registered by the families of adolescents and teenagers who
The interpretation of the POCSO Act and its implications on adolescent relationships, highlighting the need for legislative amendments and considering the lack of mens rea in certain circumstances.
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The central legal point established in the judgment is the interpretation of sexual assault, consent, and the implications of marriage under the IPC and the POCSO Act, particularly in the context of ....
The court established that sexual contact between an adult and a minor, even with the minor's consent, can constitute penetrative sexual assault and aggravated penetrative sexual assault under the PO....
The court balanced the objectives of the POCSO Act with the consensual nature of the relationship and the maturity of the victim, exercising inherent powers under Section 482 Cr.P.C to quash the proc....
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Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
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Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
The mental maturity and consent of the minor victim, as well as the nature of the physical relationship, were crucial in determining whether the accused's act constituted sexual assault under the POC....
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