Pocso case: SC flags insensitivity in HC ruling
Pocso Act
"reveals a lack of sensitivity and has the potential of breaking up a family," even though the survivor since married him and was pregnant.
Granting interim bail, the bench of Justices Dipankar Datta and N V Anjaria directed that the petitioner be released on conditions to be imposed by the trial court.
The court issued notice to the state govt, with its counsel accepting notice on behalf of the State.
The case stems from an incident where a 22-year-old man was acquitted of charges under the Pocso Act by a trial court in Udhagamandalam but convicted under sections for kidnapping and illegal confinement.
The Madras high court, in April, reversed the acquittal, holding that the girl was a minor and that any sexual relationship, even within marriage, constituted an offence under Pocso.
The HC rejected the defence that the accused later married the girl, who was pregnant at the time of sentencing, saying that marriage cannot override the statutory protection for minors. Justice P Velmurugan stressed that consent is irrelevant under the Pocso Act when the survivor is a child and said recognising such a defence would set a dangerous precedent.
by Taboola
by Taboola
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The HC found that the trial court failed to give adequate weight to the girl's statement, which suggested they "were together," and to medical findings indicating prior sexual activity. The 22-year-old man argued that the girl voluntarily left home fearing an arranged marriage and that no allegation of sexual assault was made before the police.
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