Karnataka High Court Quashes POCSO Case Over Consensual Relationship With Minor
Updated On : February 27, 2024
In a landmark decision, the Karnataka High Court has ruled that the Protection of Children from Sexual Offences (POCSO) Act should not be applied to criminalize consensual relationships among adolescents. This significant judgment emerged during the case of G Raghu Varma v. The State Of Karnataka, concerning a 21-year-old accused of marrying a minor and engaging in a consensual sexual relationship with her.
Justice Hemant Chandangoudar, who presided over the case, highlighted the POCSO Act's primary aim to protect minors from sexual exploitation and abuse, not to prosecute adolescent consensual relationships. As a result, the court decided to quash the criminal charges against the accused, including those under the IPC, POCSO Act, and the Prohibition of Child Marriage Act.
The court took note of the backgrounds of the accused and the minor girl, pointing out their lack of awareness regarding the legal consequences of their actions, driven by their economically disadvantaged status and limited access to information. Their relationship, which was consensual, led to marriage and the birth of a child.
The plea to dismiss the criminal case was brought forth by the accused, arguing that the minor girl had consented to all actions. A joint affidavit from the survivor and her parents admitted to the inadvertent marriage, acknowledging their ignorance of the law. Despite resistance from the State, emphasizing the offenses' gravity, the court considered the survivor's and her newborn's challenging financial circumstances and the accused's inability to provide support from custody.
Justice Chandangoudar pointed out that while sexual intercourse with a minor constitutes an offense, the specific case circumstances called for leniency to avoid causing further distress to the survivor and her child. The court's decision to halt the criminal proceedings reflects a balancing act between preventing sexual abuse and acknowledging the socio-economic realities of those involved.
The verdict led to the immediate release of the petitioner, underscoring the court's commitment to protecting minors from abuse while recognizing the need for a nuanced approach in cases of consensual relationships among adolescents. This ruling is a reminder of the judicial system's role in adapting to complex social realities, highlighting the importance of sensitivity and context in legal judgments.
Karnataka High Court Quashes POCSO Case Over Consensual Relationship With Minor
February 27, 2024
In a landmark decision, the Karnataka High Court has ruled that the Protection of Children from Sexual Offences (POCSO) Act should not be applied to criminalize consensual relationships among adolescents. This significant judgment emerged during the case of G Raghu Varma v. The State Of Karnataka, concerning a 21-year-old accused of marrying a minor and engaging in a consensual sexual relationship with her.
Justice Hemant Chandangoudar, who presided over the case, highlighted the POCSO Act's primary aim to protect minors from sexual exploitation and abuse, not to prosecute adolescent consensual relationships. As a result, the court decided to quash the criminal charges against the accused, including those under the IPC, POCSO Act, and the Prohibition of Child Marriage Act.
The court took note of the backgrounds of the accused and the minor girl, pointing out their lack of awareness regarding the legal consequences of their actions, driven by their economically disadvantaged status and limited access to information. Their relationship, which was consensual, led to marriage and the birth of a child.
The plea to dismiss the criminal case was brought forth by the accused, arguing that the minor girl had consented to all actions. A joint affidavit from the survivor and her parents admitted to the inadvertent marriage, acknowledging their ignorance of the law. Despite resistance from the State, emphasizing the offenses' gravity, the court considered the survivor's and her newborn's challenging financial circumstances and the accused's inability to provide support from custody.
Justice Chandangoudar pointed out that while sexual intercourse with a minor constitutes an offense, the specific case circumstances called for leniency to avoid causing further distress to the survivor and her child. The court's decision to halt the criminal proceedings reflects a balancing act between preventing sexual abuse and acknowledging the socio-economic realities of those involved.
The verdict led to the immediate release of the petitioner, underscoring the court's commitment to protecting minors from abuse while recognizing the need for a nuanced approach in cases of consensual relationships among adolescents. This ruling is a reminder of the judicial system's role in adapting to complex social realities, highlighting the importance of sensitivity and context in legal judgments.
