The Hindu Illustration for POSCO | Photo Credit: Satheesh Vellinezhi
Justices Urmila Joshi Phalke and Nandesh Deshpande of the HC’s Nagpur Bench, within the order handed on Friday (September 26, 2025) refused to just accept the person’s rivalry that he was in a consensual relationship with the 17-year-old lady and had registered the wedding solely when she turned 18-year-old.
The court docket mentioned factual consent in a relationship between or with minors is immaterial beneath the provisions of the Protection of Children from Sexual Offences (POCSO) Act.
The court docket rejected the appliance filed by the person and his members of the family looking for that the FIR lodged towards them in July (2025) this 12 months by the Akola police be quashed.
They have been booked beneath provisions of the Bharatiya Nyaya Sanhita, POCSO Act and the Prohibition of Child Marriage Act.
As per the prosecution, the sufferer was 17 years outdated when she received married and gave start to a toddler in May (2025) this 12 months.
The sufferer was married off to the accused after her household learnt that she had been sexually assaulted by him.
The accused claimed he was in a consensual relationship with the lady and that their marriage was legally registered after she turned 18-year-old.
He additional claimed that if he’s prosecuted and punished, then the sufferer and their little one would endure, and so they would not be accepted in society.
The lady additionally appeared earlier than the court docket and mentioned she has no objection to the FIR being quashed.
The Bench in its order mentioned the first goal of the POCSO Act provisions is to guard all kids beneath the age of 18 from sexual assault, harassment and little one pornography and to supply a supportive setting for such victims.
“The POCSO Act was launched to guard kids,” HC mentioned, including that the query of what ought to be the age group for adolescent love is pending earlier than the Supreme Court.
In the current case, although the accused and the sufferer lady say the wedding was carried out as per Muslim rites and faith, however the truth stays that she was beneath 18 years of age on the time, the HC mentioned.
The sufferer was not 18-years-old even on the time when she delivered her child, it famous.
The accused was 27-years-old when he received married and he must have understood that he ought to wait until the lady attains 18 years of age, the Bench mentioned.
Merely as a result of the lady has now given start to a toddler, “we are of the opinion that the illegal acts of the accused persons cannot be brushed aside,” the High Court mentioned.
“The POCSO Act is gender neutral and criminalises sexual activity by those below the age of 18. Under the said Act, factual consent in a relationship between minors is immaterial,” the HC mentioned.
It refused to quash the FIR towards the person and his members of the family, noting that it was not a match case to take action.
Published – September 30, 2025 04:11 pm IST
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