IMPORTANT POINT
The court's decision emphasized the importance of allowing the trial to be completed in cases involving the POCSO Act, considering the peculiar facts and circumstances, and the enabling provision of Section 482 Cr.P.C.

JUDGMENT

1. A case under Section 5(j)(ii)(l)/6 of the POCSO Act, 2012 read with Section 376 IPC before the Court of the learned Special Judge (POCSO), Shillong in Special POCSO Case No. 98 of 2021 against the petitioner No. 1 herein is pending trial with three prosecution witnesses already being examined and discharged.

2. At this stage of the trial, the petitioner No. 1 and the alleged victim girl as petitioner No. 2 has approached this Court with this petition under Section 482 Cr.PC with a prayer to set aside the proceedings before the said Special Court (POCSO), Shillong.

3. Heard Ms. N. M. Kharshemlang, learned counsel for the petitioners who has submitted that the factum of the matter is that the on 26.08.2021 the mother of the petitioner No. 2 herein took her to NEIGRIHMS, Shillong for medical check-up. However in course of the same, it was found out that the petitioner No. 2 is already 23 weeks pregnant. On being asked, she replied that she is in a love relationship with the petitioner No. 1 herein and in course of their love affair, they had sexual intercourse by mutual consent.

4. However, as mandated by the relevant provisions of law, particularly the POCSO Act, the respondent No. 2, the mother of the petitioner No. 2 lodged an FIR with the Officer-In-Charge, Mawlai Police Station informing the police about the incident, particularly since the age of her daughter (petitioner No. 2) was only about 17 years at that time. A case being Mawlai P.S. Case No. 50 (08) of 2021 under section 5(j)(ii)/6 of the POCSO Act was registered, with the petitioner No. 1 being arrayed as the main accused who was then subsequently arrested in connection thereof.

5. The Investigating Officer (I/O) after completion of the investigation then filed the charge sheet under Section 173 Cr.P.C finding that a prima facie case is well established against the accused/petitioner No. 1 under Section 5(j)(ii)(l)/6 of the POCSO Act read with Section 506 IPC and he was sent to stand trial to answer the said charges. In the meantime, the accused/petitioner No. 1 was released on bail vide order dated 30.11.2021.

6. The learned Special Judge (POCSO) taking cognizance of the case has framed charges against the accused/petitioner No. 1 under Section 5(j)(ii)(l)/6 of the POCSO Act read with Section 376 IPC to which he pleaded not guilty and as such, the trial proceeded with summons to witnesses being issued. Till date, three out of four prosecution witnesses have been examined.

7. The learned counsel for the petitioner has submitted that this is a case where the alleged victim girl/petitioner No. 2 has not denied the relationship with the accused/petitioner No. 1 and has stated in her statement under Section 164 Cr.P.C before the learned Judicial Magistrate First Class (JMFC) that she was in a love relationship with the petitioner No. 1 and has also admitted that they have had sexual intercourse which eventually led to the pregnancy. The same was done out of her own free will without any threat or coercion from the petitioner No. 1. Even in her deposition as PW-1 before the Trial Court, the petitioner No. 2 has reiterated whatever she has stated before the learned Magistrate.

8. It is also submitted that on 21.12.2021, a female child was born to the couple and in due course when the petitioner No. 2 had attained the age of majority, they were legally married on 08.09.2022 under the Special Marriage Act, for which a certificate to this effect was issued to them. Annexure -11 to this petition is a copy of the said marriage certificate.

9. Again, it is submitted that the respondent No. 2 as complainant has also appeared as a witness before the Trial Court and on being examined as PW-2, she has deposed that she was aware of the relationship between her minor daughter and the accused/petitioner No. 1 and has warned her daughter of the relationship as she was a minor of about 16 years at that time. However, when she took her daughter to NEIGRIHMS she was informed by the doc