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W. DIENGDOH
Rajesh Bir – Appellant
Versus
State of Meghalaya – Respondent
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 petit
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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