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W. DIENGDOH
Skolbha Lamare – Appellant
Versus
State of Meghalaya – Respondent
JUDGMENT :
W. DIENGDOH, J.
1. This is a case where apparently a love relationship between a young couple has proceeded to the extent that they have indulged in a physical relationship, as a result of which the girl who is admittedly a minor being about 16 years old or so at the relevant time, became pregnant and has subsequently delivered a child out of the said relationship with the petitioner No. 1 herein. The said relationship took a turn for the worse, inasmuch as, the petitioner No. 1 has initially refused to recognize his relationship with the alleged victim girl and the petitioner No. 2 who is the father of the victim, out of anger at the conduct of the petitioner No. 1, lodged a First Information Report on 21.11.2022 before the Officer-in-Charge, Ummulong Beat House, West Jaintia Hills District, Meghalaya.
2. Investigation then commenced on the case being registered as Jowai P.S. Case No. 151 (11) of 2022 under Section 5 (j) (ii)/6 of POCSO Act. The Investigating Officer (I/O) after completion of the investigation, has filed the charge sheet on 13.12.2022. It is the findings of the I/O on all the evidences collected during the investigation that a prima facie case under Sectio
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 recognized that consensual adolescent relationships should be viewed empathetically, and impulsive applications of the POCSO Act may lead to unjust outcomes.
Consensual nature of the relationship, maturity of the parties, and the potential impact of the POCSO Act on adolescents involved in relationships.
Sexual Autonomy encompasses both, right to engage in wanted sexual activity and right to be protected from unwanted sexual aggression – Only when both aspects of adolescent’s rights are recognized, h....
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....
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....
The court established that consensual relationships among adolescents should be carefully evaluated under the POCSO Act to avoid unjust criminalization.
Consensual nature of the relationship, societal acceptance, and the need for legislative amendments to the POCSO Act in cases involving adolescents in relationships.
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