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HIGH COURT OF MEGHALAYA AT SHILLONG
W. Diengdoh, J.
Momita Boro & Anr. - Appellants
Versus
State of Meghalaya & Anr. - Respondents
Crl. Petn. No. 27 of 2022
Decided On : 31-08-2022
POCSO - Protection of Children from Sexual Offence - Section 3(a)/4 POCSO Act, Section 363 IPC - Section 482 Cr.P.C
Fact of the Case:
The accused and the alleged victim approached the Court to set aside and quash the FIR and the consequent Special POCSO Case. The accused was charged under Section 3(a)/4 POCSO Act and Section 363 IPC for allegedly sexually assaulting the victim, who was a minor at the time.
Finding of the Court:
The Court found that the relationship between the accused and the victim was based on mutual understanding and affinity, and the act of sexual intercourse could be seen as an expression of love and affection between two young people. The victim, although a minor by law, had the mental faculty to decide for herself and stated that her physical relationship with the accused was based on love and mutual consent.
Issues: The main issue was whether the accused's act constituted sexual assault under the POCSO Act, considering the mutual consent and understanding between the accused and the victim.
Ratio Decidendi: The Court relied on the observations of the Hon'ble Calcutta High Court in a similar case, emphasizing that the act alleged, even if proved, could not tantamount to penetration sufficient to attract Section 3 of the POCSO Act, considering the prior occasions of physical union between the accused and the victim and the maturity of the victim.
Final Decision: The petition was allowed, and the FIR and the related case were set aside and quashed. The Court disposed of the petition with no costs.
JUDGMENT
1. This is a case where the accused and the alleged victim in a case under the Protection of Children from Sexual Offence (POCSO) Act, 2012 have approached this Court with a prayer to set aside and quash the FIR dated 05.07.2018 and the consequent Special POCSO Case No. 29 of 2022.
2. The proceeding was set in motion on the basis of an FIR dated 05.07.2018 filed by the respondent No. 2 herein who has reported that his minor daughter aged about 16 years went missing from home. However after searching for her, he along with others were able to recover her from one village where they found her in the company of the petitioner No. 2 herein. Accordingly, the police have registered a case being Shella P.S Case No. 18(07) of 2018 under Section 3(a)/4 POCSO Act read with Section 363 IPC.
3. In course of investigation, the statement of the victim under Section 161 and Section 164 Cr.P.C was recorded and the accused/petitioner No. 2 was also interrogated and was arrested in connection with the said case.
4. The Investigating Officer (I/O) on completion of the investigation has filed the final report/chargesheet under Section 173 Cr.P.C with the opinion that the allegation against the accused/petitioner No. 2 that he has sexually assaulted the victim/petitioner No. 1 is substantiated by the statement of the victim girl made under Section 161 and 164 Cr.P.C and accordingly a prima facie case under Section 3(a) POCSO Act is found well established and he was sent up to stand trial before the competent court under Section 4 of the POCSO Act.
5. During the pendency of the case before the court of the learned Judge (POCSO) Shillong, the petitioners as mentioned above have approached this Court with this application under Section 482 Cr.P.C seeking to invoke the inherent power of the High Court to quash the said criminal proceedings.
6. Mr. S. Pandey learned counsel for the petitioners has submitted that the petitioners are in a love relationship for about three years and has mutually decided to elope since the petitioner No. 1 was still studying in class VIII at the relevant time. The petitioner No. 1 accordingly met the petitioner No. 2 on 04.07.2018 at 5 am and they then proceed towards Lailad village on foot. On reaching Lailad village, they took shelter in the house of one lady who knew the family of the petitioner No. 1 and who informed the father of the petitioner No. 1 about her whereabouts after which the family members of the petitioner No. 1 came and escorted her back to her home on 05.07.2018.
7. The petitioner No. 2 was arrested on the basis of the FIR lodged by the father of the petitioner No. 1 and he is now facing trial in connection with the said case.
8. The learned counsel for the petitioners has further submitted that the fact of the matter is that no ingredients of sexual assault could be made out as the physical relationship between the petitioner No. 1 and No. 2 is one of consent and after the petitioner No. 2 was released on bail, he stayed together with petitioner No. 1 as husband and wife. As soon as the petitioner No. 1 attained the age of majority, the couple got married on 07.06.2020. To this extent the petitioners have filed an additional affidavit dated 11.08.2022 bring on record the factum of their marriage through production of a copy of the certificate issued by the Chairman, Dharambasti who had certified that the petitioner No. 1 and petitioner No. 2 were married on 07.06.2020 at Dharambasti and out of this marriage, a son was born to them on 10.10.2021.
9. The respondent No. 2 who is the complainant and also the father of the petitioner No. 1 has also filed an additional affidavit before this Court dated 25.08.2022 stating that he is the father of the petitioner No. 1 and the father-in-law of the petitioner No. 2 and that he is aware of the criminal proceedings against the petitioner No. 2. However, he also confirmed that the two were in a love relationship for about three years and had engaged on consensual
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 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 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....
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
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 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 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 sexual relationships leading to pregnancy may not amount to sexual exploitation under the POCSO Act.
The inherent power of the High Court under Section 482 CrPC can be invoked to prevent abuse of the code or secure the ends of justice, especially in cases involving unique circumstances and interpret....
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