Judgement / न्यायनिर्णय

News : 16-Year-Old Capable of Making Conscious Decision About Sex! Quashes POCSO Case Against Boyfriend. : High Court of Meghalaya.

  • High Court of Meghalaya makes an important decision in a case involving minors and relationships.
  • The case was titled Shri. John Franklin Shylla vs. State of Meghalaya & Anr.
  • Mr. Shylla was accused in a POCSO case (Protection of Children from Sexual Offences) under Section 3(a)/4 of the POCSO Act, 2012.
  • The case focused on a relationship between Mr. Shylla and a minor girl who was the daughter of respondent No. 2.
  • The alleged incidents took place in 2020 when Mr. Shylla, while working at different households, got to know the victim.
  • According to Mr. Shylla’s lawyer, the relationship between him and the minor girl was consensual and they were like boyfriend and girlfriend.
  • It was argued that there was no sexual assault involved, as confirmed by the victim’s statement and deposition in court.
  • The prosecution agreed that there was no evidence of force in the sexual act.
  • The court referred to previous cases and mentioned that cases involving teenagers and young adults in romantic relationships should be considered carefully.
  • The objective of the POCSO Act is to protect children from sexual assault, harassment, and pornography, not to punish adolescents in relationships.
  • Considering the girl’s physical and mental development, the court believed she was capable of making decisions about her well-being and the sexual act.
  • The court concluded that the proceedings before the Trial Court would serve no purpose.
  • As a result, the High Court dismissed the FIR filed by respondent No. 2 and the subsequent proceedings in the case.
  • Mr. Shylla was released and relieved of any responsibility regarding the case.

Law : Violence Against Child (लहान मुलांवरील अत्याचार संबंधात कायदे)

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