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HIGH COURT OF MEGHALAYA AT SHILLONG
W. Diengdoh, J.
Silvestar Khonglah & Anr. - Appellants
Versus
State of Meghalaya & Anr. - Respondents
Crl. Petn. No. 45 of 2022
Decided On : 27-10-2022
POCSO - Quashing of FIR - Section 5(1)/6 - Summary of POCSO Act provisions and court's interpretation
Fact of the Case:
The case involved a petition to quash the FIR and criminal proceedings under Section 5(1)/6 of the POCSO Act, where the accused was alleged to have sexually assaulted a minor girl who claimed the relationship was consensual.
Finding of the Court:
The court considered the nature of the relationship between the accused and the minor girl, the provisions of the POCSO Act, and relevant case laws to conclude that the FIR and proceedings be quashed, setting the accused at liberty.
Issues: The key issues revolved around the interpretation of the POCSO Act provisions in the context of consensual relationships involving minors and the applicability of stringent provisions in such cases.
Ratio Decidendi: The court emphasized the need to consider the nature of the relationship, mutual consent, and the maturity level of the individuals involved in cases of alleged sexual assault under the POCSO Act.
Final Decision: The petition to quash the FIR and criminal proceedings was granted, and the accused was set at liberty with the discharge of any liability in the criminal case.
JUDGMENT
1. This is an application filed under Section 482 Cr.PC seeking to invoke the inherent powers of this Court to quash the FIR dated 18.12.2020 and the resultant criminal proceedings in Spl. POCSO Case No. 10 of 2021 under Section 5(l)/6 of the POCSO Act pending trial before the court of the learned Special Judge (POCSO), Shillong.
2. Heard learned counsel for the petitioners Mr. K.Ch. Gautam who has submitted that the petitioner No.2 herein had lodged an FIR before the Officer-In-Charge Pynursla PS, East Khasi Hills on 18.12.2020, complaining that her minor daughter was sexually assaulted by the petitioner No.1 on two occasions that is, on 11.12.2020 and 16.12.2020 as was narrated by her minor daughter who was found absent from her room by the teacher of the school where she was studying and who had accordingly reported the matter to the petitioner No.2. Hence the FIR.
3. A detailed narration of the whole episode as is evident from the materials on record including the findings of the investigation is that, the minor daughter of the petitioner No.2 was having an affair with petitioner No.1 and on 11.12.2020 he came to her place of residence as the minor girl was a student of Sr. Anthony's Higher Secondary School, Pynursla and was staying with the teacher of the said school. The petitioner No.1 on the first occasion had picked up the minor girl and had gone to a place near Bri War Resort, where he had physical relationship with her inside his vehicle. In the same manner on 16.12.2020, the minor girl was found absent from her room, but was eventually dropped by petitioner No.1 at 3:00AM where the said teacher discovered her absence and reported the matter to the parents. On this occasion too, the petitioner No.1 and the girl had sexual relationship in his vehicle.
4. The police then registered a case being Pynursla PS Case No. 70(12)2020 under Section 5(l)/6 of the POCSO Act and the petitioner No.1 was accordingly arrested and was in custody for about 10(ten) months before he was released on bail.
5. The learned counsel for the petitioners has also submitted that the minor girl in her statement under Section 161 Cr.PC made before the police as well as in her statement made before the Magistrate under Section 164 Cr.PC had stated that it is a fact that she went with petitioner No.1 on 11.12.2020 and that she also had physical relationship with him inside his vehicle on the said date and also on 16.12.2020 when they met once again and were also involved in a physical relationship inside his vehicle. The minor girl has however stated that the petitioner No.1 is her boyfriend and her relationship with him was consensual and of her own free will.
6. The Investigating Officer (I/O) has however filed the charge sheet and has come to a finding that there is prima facie evidence against the petitioner No.1 to booked him under the provisions of the POCSO Act particularly, under Section 5(l)/6 of the POCSO Act and he was made to stand trial before the court of the learned Special Judge (POCSO), Shillong. The case is now at the stage of evidence. However, before the evidence could be recorded the petitioner No.1 as well as petitioner No.2 as complainant has made a prayer before the learned trial court to be allowed to move the High Court with an appropriate application. Hence this application.
7. It is further submitted that in this instant application, the petitioner No.1 as accused and the petitioner No.2 who is the mother of the minor girl and who has also lodged the FIR as complainant on mutual understanding has jointly filed this petition which reflected the bonafide of the petitioners.
8. The learned counsel for the petitioners has also submitted that this is a case where two teenagers are involved in a romantic relationship and being unaware of the legal restrictions, had indulged in a physical relationship out of their own free will and consent. This is therefore not a case of sexual assault as could be understood from the provision
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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....
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....
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
Consensual sexual relationships leading to pregnancy may not amount to sexual exploitation under the POCSO Act.
The court emphasized the need to consider the practical aspects and implications of the POCSO Act in cases involving consensual relationships or marriages between minors, and the importance of assess....
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....
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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