The Meghalaya High Court has quashed a pending trial under Prevention of Children from Sexual Offences (POCSO) Act before the Special Judge (POCSO), Shillong of a boy accused of rape after it was later found that he and the girl had indulged in a physical relationship out of their own free will and consent.
The single bench of the Meghalaya High Court in a recent order cleared the boy from any liability in the rape charges and also discharged him of any bail bond.
The High Court said that the term “sexual assault” as could be understood under the POCSO Act cannot be attributed to an act where, there is mutual love and affection between the two young couples.
During the hearing of the case, the counsel for the petitioners has submitted that this is a case where two teenagers are involved in a romantic relationship and being unaware of the legal restrictions, had indulged in a physical relationship out of their own free will and consent.
The single bench of the High Court stated that in a case of rape or sexual assault, the act not only affects the physical well being of the victim but would also leave a very deep emotional scar which would require prolonged counselling for the experience and the image to be erased from the mind of the victim.
“Such an act would have a more profound effect on a child. Therefore, the makers of the law have thought it fit to bring out very stringent provisions in the Protection of Children from Sexual Offences (POCSO) Act to arrest and to deter any inclination in this regard by a perpetrator,” the court said.
The High Court also stated that the pitfall to the above proposition is that in a case where there is mutual love and affection between a child and a person which might even lead to a physical relationship, though the consent of the child under the law is immaterial as far as prosecution for an alleged offence of sexual assault is concerned, but considering the peculiar facts and circumstances of a particular case, such as in a case of a boyfriend and girlfriend particularly, if both of them are still very young, the term “sexual assault” as could be understood under the POCSO Act cannot be attributed to an act where, there is, as pointed above, mutual love and affection between them.
