POCSO DOES NOT INTENT TO BRING WITHIN ITS SCOPE CASES ADOLESCENT TEENAGERS IN A ROMANTIC RELATIONSHIP - PLEA TO SC

23rd March 2021

Recently, the SC was hearing a petition against the Madras HC's order dismissing a plea filed by a rape complainant seeking to depose that the sexual relationship with the petitioner was consensual.

Background

The Petitioner (accused) and the complaint loved each other while studying in school. The Petitioner falsely promised to marry her and entered into a sexual relationship. Later he denied marrying her, stating that his parents are looking for another girl ready to pay dowry.

The complainant lodged a criminal case u/s 417, 376, 312 of IPC and 5(I), 6 of the POCSO Act. The complainant was 17 when the act took place, and the complaint was lodged after a year; by that time, the petitioner turned 18, and the complainant turned 17 yrs 10 months.

During the trial, the complainant prayed that she should be examined before the trial court as she was not forced to engage in sexual relationships. The trial court dismissed the petition. The Petitioner approached the HC; he filed an affidavit in support of the complaint's appeal along with an additional affidavit praying that the victim's evidence is taken on record. The HC dismissed the petitioner's application.

The Petitioner appealed before the SC to set aside the order passed by the HC. The counsel for the petitioner mentioned a judgment passed by the HC by Justice Anand Venkatesh in the case of Vijaya Lakshmi V state, wherein it was held that it is not POCSO's objective to bring cases involving adolescent teenagers in a romantic relationship within its scope.

Author: Papiha Ghoshal

PC: Indiatoday.intoday