AI Overview...
Engagement between Girl and Accused under POCSO: Main Points and Insights
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Voluntary Engagement & Consent: Several cases (e.g., INDKAR00000149074, IND_HC_KLHC010050242018, INDKAR00000142786) highlight situations where the girl either voluntarily engaged with the accused or was involved in engagement ceremonies, sometimes under the understanding of marriage upon reaching majority. The courts have considered the nature of consent, with some judgments emphasizing that if both parties are minors or if the girl was of majority age at the time, the engagement may not constitute a criminal offense (e.g., INDKAR00000149074, 00300054037).
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Age of Victims & Legal Presumptions: Many cases involve minors (16-17 years), with courts scrutinizing the age at the time of engagement and sexual acts. The legal presumption under POCSO and IPC often influences judgments, especially regarding whether the girl was a minor or a major at the time of engagement (e.g., INDKAR00000142786, 00300054037).
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Nature of Sexual Acts & Court's Approach: Courts have differentiated between consensual acts and criminal offenses based on circumstances, age, and consent. In some instances, courts have acquitted accused where acts were deemed consensual or where the girl was of majority age, or where the engagement was seen as a social custom rather than an offense (e.g., 00300054037, IND_HC_KLHC010050242018).
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Legal Proceedings & Bail: Several cases discuss bail and proceedings under POCSO, with courts sometimes granting bail if there is no evidence of force or coercion, or if the engagement was consensual and of age. Conversely, bail was canceled when evidence suggested coercion or minor status (e.g., IND_HC_KLHC010043522018, 00300038936).
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Judicial Outcomes: Judgments vary from setting aside charges and acquittals to quashing proceedings, often depending on the age of the girl, the nature of engagement, and whether consent was voluntary. Some rulings emphasize the importance of context, age, and consent in determining criminal liability (e.g., Shri. Momin Miah vs State of Meghalaya - Meghalaya, Jagadishkumar @ Blade Raja, S/O Shivaputra Harkatti vs State Of Karnataka - Karnataka).
Analysis and Conclusion
The engagement between girls and accused under the POCSO Act is complex, heavily dependent on age, consent, and the circumstances of engagement. Courts tend to differentiate between consensual, socially accepted engagements (especially if the girl is of majority) and coercive or exploitative acts involving minors. The legal system balances protecting minors from sexual exploitation with recognizing social customs and voluntary engagements, leading to varied judicial outcomes including acquittals, bail grants, or proceedings quashed.
References: - INDMEGH00000000895 - INDKAR00000149074 - IND_HC_KLHC010043522018 - IND_HC_KLHC010085382017 - INDKER00000067595 - IND_HC_KLHC010050242018 - INDKAR00000142786 - 00300054037 - IND_HC_KLHC010030282018 - 00300038936
Search Results for "Pocso Engagement between Girl and Accused"
2023 Supreme(Online)(MEGH) 257 • India - High Court of Meghalaya
Mr. Justice W. Diengdoh, J
Section 3 (a)/4 of the POCSO Act, 2012. The said accused/petitioner was also accordingly arrested on 10.09.2020 in connection with the said case after he surrendered before the police and is still in judicial custody. ... This petition is accordingly allowed, the proceedings in the said Special POCSO Case No. 5 of 2020 is hereby set aside and quashed. The accused/petitioner is hereby set at liberty from any liabilities in the case. 18.
2025 Supreme(Online)(Kar) 22340 • India - Karnataka High Court
S.VISHWAJITH SHETTY, J
9 - Bail application - Accused arrested for offences under POCSO and child marriage laws - Victim girl aged 17 years 8 months, traced ... alongside ongoing trial proceedings, warranted the granting of bail, conditional on ensuring no further criminal engagement. ... The girl claimed to have accompanied the accused voluntarily but alleged that he had sexual intercourse against her wishes. ... JUSTICE S.VISHWAJITH SHETTY) Accused in Special Case No.688 of 2025 pending b....
2018 Supreme(Online)(KER) 24080 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Fact of the Case: The applicant, a third accused in an ongoing case related to sexual assault, sought anticipatory ... Finding of the Court: The court acknowledged the gravity of the allegations against the other accused, but concluded ... Allegations were made against her husband and son for sexual assault on a minor, with the applicant accused of physically assaulting ... The 1st accused in the aforesaid Crime is the husband of the applicant herein and the 2nd accused is their son. The victim in t....
2018 Supreme(Online)(KER) 35809 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Fact of the Case: The petitioner, accused of kidnapping and sexually assaulting a minor following an alleged engagement ... Bail - Criminal Procedure - Section 438, IPC Sections 363, 323, 376, POCSO Sections 3, 4, 9, 10 - The court evaluated the allegations ... It is alleged that an engagement ceremony was held between the petitioner and the minor girl on the understanding that their marriage would be solemnized after she attains majority. ... 2.The petitioner herein is the 1st accused#HL_E....
2025 Supreme(Online)(KER) 8941 • India - High Court of Kerala
P. G. Ajithkumar, J
The petitioners are accused in Crime No.76/2025 on the files of the Tanur Police Station, with offences alleged under Sections 342 ... , 376(2)(n) of IPC, Section 75 of the Juvenile Justice Act, and Section 6 r/w Section 5(1) and 17 of the POCSO Act, 2012. ... The prosecution case is that the 1st petitioner committed rape on the minor girl and other accused abetted the 1st petitioner and thereby the the accused committed the above offences. 4. ... The petitioners are accused in Crime N....
2018 Supreme(Online)(KER) 66396 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Fact of the Case: The applicant is accused of kidnapping and sexually assaulting a 16-year-old girl in 2015. ... Bail - Sexual Offences - IPC & POCSO Act - Sections List - The court granted bail to the applicant, considering the inconsistent ... The de facto complainant is the mother of the victim girl, who was 16 years of age in the year 2015. It is alleged that an engagement ceremony was held in the year 2015 between the applicant herein and the victim girl. ... The applicant herei....
2025 Supreme(Online)(Kar) 17242 • India - Karnataka High Court
S.VISHWAJITH SHETTY, J
Code - Sections 376(2)(n), 354(A), among others - Allegations against the appellant include unlawful intercourse with a minor post engagement ... , leading to statutory offences under IPC and POCSO Act. ... If the said date of birth is taken into consideration, as on the date of the engagement of the victim with the appellant, she was a major. Allegation against the appellant is that he had sexual intercourse with the victim girl after the engagement ceremony was performed. ... Since there was some dis....
2025 Supreme(Online)(Kar) 22934 • India - IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
M.G.Uma
being of young age and engagement in consensual acts might not warrant criminal conviction, noting that both could benefit from ... The victim occasionally consented to visits with the accused. ... ... ... Result: Appeal allowed, judgment of conviction set aside, and accused acquitted. ... Now the question arises as to whether it is reasonable to treat the girl aged 16 years as the ‘victim’, and the accused aged 22 years as ‘accused’ when prima facie both of them voluntarily and will....
2018 Supreme(Online)(KER) 26769 • India - High Court of Kerala
SUNIL THOMAS, J
Fact of the Case: O R D E R The petitioner herein stands arrayed as the 1st accused ... in Crime No.338/2017 of Agali Police Station for offences punishable under Sections 376(2)(n), 323 and 506(1) read with Section 34 of IPC and Section 5(1) read with Section 6 of Protection of Children from Sexual Offences Act.
2016 0 Supreme(Kar) 209 • India - Karnataka
A.V.CHANDRASHEKARA
The victim, a minor girl, alleged that she was lured, confined, and raped by the accused. ... The court also noted the presumption provided by Section 29 of the POCSO Act and concluded that the bail granted to the accused was ... Fact of the Case: The State filed a petition to cancel the bail granted to the accused, who was the sole accused in ... But the parents of accused without having knowledge of the same had finalized marriage alliance of accused#HL_....
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