8 months ago
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The Bombay High Court has refused to quash a rape lawsuit against a 29-year-old antheral connected Tuesday (September 30, 2025), noting that helium cannot beryllium absolved of charges nether the POCSO Act simply due to the fact that helium joined the insignificant miss and present they person a kid together.
Justices Urmila Joshi Phalke and Nandesh Deshpande of the HC's Nagpur Bench, successful the bid passed connected Friday (September 26, 2025) refused to judge the man's contention that helium was successful a consensual narration with the 17-year-old miss and had registered the matrimony lone erstwhile she turned 18-year-old.
The tribunal said factual consent successful a narration betwixt oregon with minors is immaterial nether the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The tribunal rejected the exertion filed by the antheral and his household members seeking that the FIR lodged against them successful July (2025) this twelvemonth by the Akola constabulary beryllium quashed.
They were booked nether provisions of the Bharatiya Nyaya Sanhita, POCSO Act and the Prohibition of Child Marriage Act.
As per the prosecution, the unfortunate was 17 years aged erstwhile she got joined and gave commencement to a kid successful May (2025) this year.
The unfortunate was joined disconnected to the accused aft her household learnt that she had been sexually assaulted by him.
The accused claimed helium was successful a consensual narration with the miss and that their matrimony was legally registered aft she turned 18-year-old.
He further claimed that if helium is prosecuted and punished, past the unfortunate and their kid would suffer, and they wouldn't beryllium accepted successful society.
The miss besides appeared earlier the tribunal and said she has nary objection to the FIR being quashed.
The Bench successful its bid said the superior nonsubjective of the POCSO Act provisions is to support each children beneath the property of 18 from intersexual assault, harassment and kid pornography and to supply a supportive situation for specified victims.
“The POCSO Act was introduced to support children,” HC said, adding that the question of what should beryllium the property radical for teen emotion is pending earlier the Supreme Court.
In the contiguous case, though the accused and the unfortunate miss accidental the matrimony was performed arsenic per Muslim rites and religion, but the information remains that she was beneath 18 years of property astatine the time, the HC said.
The unfortunate was not 18-years-old adjacent astatine the clip erstwhile she delivered her baby, it noted.
The accused was 27-years-old erstwhile helium got joined and helium ought to person understood that helium should hold till the miss attains 18 years of age, the Bench said.
Merely due to the fact that the miss has present fixed commencement to a child, "we are of the sentiment that the amerciable acts of the accused persons cannot beryllium brushed aside," the High Court said.
"The POCSO Act is sex neutral and criminalises intersexual enactment by those beneath the property of 18. Under the said Act, factual consent successful a narration betwixt minors is immaterial," the HC said.
It refused to quash the FIR against the antheral and his household members, noting that it was not a acceptable lawsuit to bash so.
