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HIGH COURT OF MEGHALAYA AT SHILLONG
W. Diengdoh, J.
Pyniarlang Kurkalang & Anr. - Appellants
Versus
State of Meghalaya & Anr. - Respondents
Crl.Petn. No. 28 of 2022
Decided On : 02-08-2022
POCSO - Quashing of FIR - Section 5 (j) (ii)/6 POCSO Act, 2012 - Summary of Acts and Sections: The court discussed the application of Section 5 (j) (ii)/6 of the POCSO Act, 2012 and referred to similar cases and legal provisions to emphasize the need for a lenient approach in cases involving adolescents in relationships. The court highlighted the importance of considering the changing societal needs and the potential impact of strict application of the Act on young individuals.
Fact of the Case:
A minor girl, who was pregnant, and her alleged husband, petitioner No. 1, were the subject of a case under Section 5 (j) (ii)/6 POCSO Act, 2012. The petitioners sought quashing of the FIR and subsequent proceedings, emphasizing their marital relationship and the potential hardship on the family if the petitioner No. 1 was convicted.
Finding of the Court:
The court considered the relationship between the petitioners, the support of their families, and the potential consequences of the proceedings. It acknowledged the need for a lenient approach in cases involving adolescents in relationships and emphasized the importance of maintaining the family unit.
Issues: The issues revolved around the application of the POCSO Act to the marital relationship of the petitioners, the potential impact on the family, and the need for a more lenient approach considering the circumstances.
Ratio Decidendi: The court's decision was influenced by the need to consider the changing societal needs, the potential impact of strict application of the POCSO Act on young individuals, and the importance of maintaining the family unit in certain circumstances.
Final Decision: The court allowed the petition and quashed the FIR and subsequent proceedings, emphasizing the importance of maintaining the family unit and the need for a more lenient approach in cases involving adolescents in relationships.
The provided legal document discusses a recent judgment from the High Court of Meghalaya that emphasizes the importance of adopting a more lenient and empathetic approach in cases involving adolescents in relationships, particularly under the provisions of the POCSO Act. The court highlighted the need to consider the societal context, the nature of adolescent relationships, and the potential hardship caused by strict enforcement of the law, especially when the relationship is based on mutual love and supported by family.
The judgment underscores that the primary objective of the POCSO Act is to protect victims of child sexual abuse, but it also recognizes that the application of the law should be nuanced, taking into account the circumstances of adolescents who are in consensual relationships and may have entered into marriage or cohabitation with societal acceptance. The court's decision to quash the FIR and proceedings was influenced by these considerations, aiming to preserve family unity and prevent undue hardship on the individuals involved.
Furthermore, the judgment advocates for legislative amendments to better address cases involving adolescents in relationships, reflecting societal changes and needs. It also calls for awareness programs to educate the public about the dangers of underage marriage and cohabitation, aligning legal enforcement with societal realities.
In sum, the judgment exemplifies a judicial approach that balances the strict legal framework of the POCSO Act with the recognition of adolescent agency, societal norms, and the importance of protecting family integrity, thereby promoting a more compassionate application of the law in appropriate cases.
JUDGMENT
1. On 13.07.2021 one WPSI T.M. Sangma of Madanrting P.S had filed an enquiry report to the Officer-in-Charge, Madanrting P.S. wherein, it was reported that on 31.03.2021, a telephonic information was received from Nazareth Hospital, Shillong indicating that one minor girl who is the petitioner No. 2 herein had come to the hospital for medical checkup as she was pregnant. The hospital on finding that the girl was under aged had accordingly informed the police at the Madanrting P.S.
2. On enquiry, it was found that the said minor girl was 17 years and 9 months old as on 30.08.2020 and had accordingly, turned 18 years after 18 days of her pregnancy. The protagonist in this entire episode is said to be the petitioner No. 1.
3. According to the said WPSI T.M. Sangma, the minor girl as well as her mother who have been examined have clearly stated that they do not want to lodge any complaint against the petitioner No. 1 as the petitioner No. 1 and the petitioner No. 2 are staying together as husband and wife. This is also reflected in the statement of the petitioner No. 2 as the alleged victim recorded under Section 161 Cr.P.C.
4. On the basis of the said report, the police have registered a case being Madanrting P.S. Case No. 92(07) of 2021 under Section 5 (j) (ii)/6 POCSO Act, 2012. Eventually, the matter came up before the Court of the learned Special Judge, (POCSO), Shillong in Special POCSO Case No. 102 of 2021 on the charge sheet being filed by the I/O, prima facie being convinced that a case against the accused/petitioner No. 1 has been made out under Section 5 (j) (ii)/6 POCSO Act, 2012. The case is now at the stage of consideration of charge by the learned Special Judge, (POCSO), Shillong.
5. It is at this point of time that the petitioners have approached this Court with an application under Section 482 Cr.P.C seeking quashment of the FIR dated 13.07.2021 and the subsequent proceedings in Special POCSO Case No. 102 of 2021.
6. Ms. C.B. Sawian, learned counsel for the petitioners has submitted that the records would reflect that the petitioner No. 1 and the petitioner No. 2 had a love affair, which eventually culminated in the relationship becoming permanent as husband and wife. In this process, the petitioner No. 2 has also become pregnant, for which she had to visit the hospital for her medical checkup, and the events thereafter would show that the authorities were informed and resultantly, the criminal proceedings were drawn up against the petitioner No. 1 under the relevant provisions of the POCSO Act.
7. However, the fact remains that the relationship between the petitioner No. 1 and 2 as husband and wife and the child being born to them is one which is based on love and harmony with the blessings of the family members and the petitioner No. 2 being supported by the petitioner No. 1 as far as the maintenance of the household is concerned.
8. To this extent, the proceedings in question would only cause undue hardship and complication in the family, and if the petitioner No. 1 is eventually convicted, then the petitioner No. 2 and her child will lose the support and leadership of the head of the family, which would jeopardize their very existence.
9. In the context of the facts and circumstances of this case, the learned counsel has also submitted that under similar facts and circumstances, the Hon'ble High Court of Madras in the case of Vijayalakshmi & Ors v. State & Ors in Crl.O.P. No. 232 of 2021 and Crl.M.P. No. 109 of 2021 has observed at paragraphs 11 and 18 respectively:
'11. There can be no second thought as to the seriousness of offences under the POCSO Act and the object it seeks to achieve. However, it is also imperative for this Court to draw the thin line that demarcates the nature of acts that should not be made to fall within the scope of the Act, for such is the severity of the sentences provided under the Act, justifiably so, that if acted upon hastily or irresponsibly, it could lead to irreparable damage
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 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 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 recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.
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 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 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 for legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
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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