Back
W. DIENGDOH
Kitborlang Pariong – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Heard Mr. N.M. Mansuri, learned counsel for the petitioner who has submitted that this application under Section 482 Cr.PC read with Article 226 of the Constitution of India is filed with a prayer for exercise of this Court's inherent power to quash the FIR dated 12.07.2022 related to Nongstoin PS Case No. 51(7)2022 under Section 5(j)(ii)/6 of the POCSO Act, 2012.
2. The learned counsel for the petitioner has referred to annexure 1 of this petition which is a copy of the FIR dated 12.07.2022, lodged by WPSI D.P Nongbri informing the Officer-In Charge Nongstoin Police Station that a phone call was received on 08.07.2022 from Dr. Gaddiella Kharpuri of Ramrai PHC reporting on a case of teenage pregnancy wherein, a minor girl aged about 15 years 4 months was impregnated by her boyfriend, the petitioner herein and on the relevant date was about 4 months pregnant. The minor girl in her statement before the doctor has said that her boyfriend is ready to take all responsibility as he is the father of the baby. The informant has further stated that the delay in filing a complaint is because of the fact that the parents of the minor girl are unaware of the fact that their daughter
Consensual sexual relationships leading to pregnancy may not amount to sexual exploitation under the POCSO Act.
The central legal point established in the judgment is the need to consider the nature of relationships, mutual consent, and the maturity level of individuals in cases of alleged sexual assault invol....
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 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 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 recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.
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....
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
