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HIGH COURT OF MEGHALAYA AT SHILLONG
W. Diengdoh, J.
Rajesh Bir & Ors. - Appellants
Versus
State of Meghalaya - Respondent
Crl. Petn. No. 39 of 2022
Decided On : 16-09-2022
POCSO - Quashing of Proceedings - Sections 366/34 IPC, Section 4/6 POCSO Act - The court discussed the consensual relationship between the petitioners, their marriage, and the birth of their child, and concluded that the charge under Sections 4/6 of the POCSO Act may be difficult to be proved. The court found that putting a stop to the proceedings would serve the ends of justice and allowed the petition, setting aside and quashing the proceedings in Special POCSO Case No. 23 of 2015.
Fact of the Case:
The petitioners were in a love relationship when the petitioner No. 2 was a minor. The petitioner No. 2 admitted to being with the petitioner No. 1 at a guest house, leading to the filing of an FIR. However, the petitioner No. 2 later married the petitioner No. 1 and they have a child together.
Finding of the Court:
The court found that the petitioners are now living together as husband and wife with a child of their own, and the alleged victim denied any sexual assault. The court concluded that putting a stop to the proceedings would serve the ends of justice.
Issues: Consensual relationship between the petitioners, marriage, and birth of their child, and the charge under Sections 4/6 of the POCSO Act.
Ratio Decidendi: The court considered the consensual nature of the relationship, the marriage, and the absence of allegations of sexual assault, leading to the difficulty in proving the charge under Sections 4/6 of the POCSO Act. The court found that putting a stop to the proceedings would serve the ends of justice.
Final Decision: The petition was allowed, and the proceedings in Special POCSO Case No. 23 of 2015 were set aside and quashed. Petition disposed of with no costs.
JUDGMENT
1. This is an application under Section 482 Cr.P.C filed jointly by the petitioners herein with a prayer to set aside and quash the proceedings in Special POCSO Case No. 23 of 2015 pending before the Court of the learned Special Judge (POCSO), Shillong.
2. Heard Mr. S. S. Yadav, learned counsel for the petitioners who has submitted that the petitioner No. 1 and the petitioner No. 2 were in a love relationship which started in the year 2014 when the petitioner No. 2 was then a minor, aged about 15 years. On 17.10.2014 the petitioner No. 2 went to school as usual and returned home at 4.00 pm. However, her mother came to know that she did not attend school that day and when she was confronted, the petitioner No. 2 admitted that she was picked up by the petitioner No. 1 in a private vehicle and the whole day she was with him at a guest house, whose location is not known to her.
3. Based on this information, the mother of the petitioner No. 2 who is also the petitioner No. 3 herein had lodged the FIR before the In-charge, Pasture Beat House, Shillong on 17.10.2014 upon which Sadar P.S Case No. 359(10) of 2014 under Section 365 IPC was registered. The petitioner No. 1 and the petitioner No. 4 who was the driver of the vehicle involved were arrested in this connection.
4. On the matter being investigated, the Investigating Officer (I/O) then filed the charge sheet under Section 173 Cr.P.C on 19.03.2015 with a finding that a prima facie case under Sections 366/34 IPC read with Section 4/6 of the POCSO Act have been found well established against the accused persons Rajesh Bir, the petitioner No. 1 herein and a case under Sections 366/109/34 IPC read with 4/6 POCSO Act was also found well established against Dipon Roy, the petitioner No. 4 herein.
5. The sections of law being cognizable and triable by the Special Court (POCSO), a formal case was registered as Special POCSO Case No. 23 of 2015 and trial commence with the framing of charge against the accused persons. In due course, the Court has also examined a number of prosecution witnesses, ten in all and has exhibited a number of documents as part of the evidence.
6. It is at this stage that the petitioners have approached this Court with this instant application and the prayer made as aforesaid.
7. The learned counsel for the petitioners has further submitted that records will show that the petitioner No. 2 who is the alleged victim, in her statement under Section 161 as well as under Section 164 Cr.P.C has been consistent to say that she is in a love relationship with the petitioner No. 1 and that she does not want him to be prosecuted. In fact, the petitioner No. 1 and 2 are now living together as husband and wife and they were formally married on 01.12.2017 at Mahadev Khola Dham Temple, Shillong. Annexure-V to this petition is the copy of the Marriage Certificate issued by the Priest/In-charge, Mahadev Khola Dham Temple. Out of this union, a child was also born to them on 03.10.2019 at Khowai District Hospital in the state of Tripura for which a birth certificate dated 11.03.2020 was issued by the Registrar (Birth & Death), Khowai District Hospital. Copy of the Birth Certificate is also annexed in this petition as Annexure-VI.
8. The learned counsel for the petitioners has also submitted that the union between the petitioner No. 1 and 2 and the fact that they are living together as husband and wife was with the consent of the family members including the petitioner No. 3 herein who is the mother of the petitioner No. 2 and who has filed the FIR.
9. In view of the fact that the petitioners No. 1 and 2 are living a happy married life with a child of their own, pendency and continued prosecution of the related case against the petitioner No. 1 would only bring hardship and disruption of the family life which would serve no purpose under the circumstances. It is therefore prayed that this Court in exercise of its inherent power may be pleased to bring closure to the case against the
Consensual relationship, marriage, and absence of allegations of sexual assault influenced the court's decision to set aside and quash the proceedings.
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 ....
The court's decision was influenced by the interpretation of the POCSO Act in the context of consensual relationships involving minors and adults, and the application of precedent in similar cases.
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
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 main legal point established is the application of the POCSO Act to protect children from sexual exploitation, emphasizing the offense of penetrative sexual assault and the lack of capacity to gi....
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 central legal point established in the judgment is the need for a more lenient approach in cases involving adolescents in relationships and the importance of considering changing societal needs w....
The court emphasized the need for the legislature to consider cases involving adolescents in relationships and make necessary amendments to stringent laws such as the POCSO Act.
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