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W. DIENGDOH
Honil Marak – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT
1. Heard Mr. S. Deb, learned counsel for the petitioners who has submitted that this is a petition filed under Section 482 Cr.P.C. seeking to quash the criminal proceedings in Williamnagar Women P.S. Case No. 16(08) of 2020 under Sections 5 /6 of the POCSO Act, 2012 wherein the petitioner No. 1 is the father of the victim girl and the petitioner No. 2 is the accused.
2. The learned counsel has further submitted that in the year 2014, the petitioner No. 2 got married to the aunt of the victim girl but there was no issue out of the said marriage.
3. In the year 2019, the mother of the victim girl fell ill and was paralyzed which led the victim to visit the residence of her aunt and grandparents, which is also the residence of the petitioner No. 2. After a few visits, the said victim girl and the petitioner No. 2 developed romantic feelings for each other and being desirous of getting married, the wife of the petitioner No. 2 was informed of such decision to which she did not object.
4. At this juncture, the learned counsel has submitted that in the Garo community, it is customary for a man to marry more than one wife, in many cases, apart from being married to his wife, he may h
Customary practices cannot override statutory provisions that protect minors under the POCSO Act, which prohibits any form of consent to sexual relations or marriage for individuals under 18 years 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 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 legislative amendments to address cases involving adolescents in relationships and the implications of the POCSO Act on such situations.
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 declined to quash criminal proceedings under the POCSO Act despite the parties seeking settlement, highlighting the necessity of legal process due to the severity of the allegations against....
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....
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