Madhya Pradesh High Court: While quashing the FIR for the offence punishable under Sections 376, 506 of the Penal Code, 1860 (IPC) and Sections 3, 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and its subsequent criminal proceedings, a Single bench comprising of Deepak Kumar Agarwal,* J., opined that the prosecutrix is physically and mentally developed and is capable of making conscious decision with regards to her well-being.
Brief Facts
In the instant matter, the petitioner preferred a petition under Section 482 of the Criminal Procedure Code, 1973 (CrPC) for quashing of FIR for the offence punishable under Sections 376, 506 of the IPC and Sections 3, 4 of the POCSO Act and its subsequent criminal proceedings lodged by the prosecutrix aged about 17 years 10 months alleging that the petitioner committed sexual intercourse with her by first threatening her to viral her obscene photographs and later with a promise to marry her on several occasions.
Submissions
The petitioner contended that the FIR is false and her consent with no force is involved, if any intercourse has been done. The petitioner contended that the there is no evidence of any penetration of sexual assault, moreover, the lodged FIR is belated.
While praying to dismiss the present petition, the respondent contented that though the FIR is belated but the prosecutrix is minor.
Court's Observation
While relying on Vijayalakshmi v. State, 2021 SCC OnLine Mad 317, the Court opined that an adolescent belonging to prosecutrix's age group who is physically and mentally developed is capable of making conscious decisions with regards to his/her well-being. The Court observed that considering the current circumstances it appears that prima facie no mens rea is involved in the case in hand.
Court's Verdict
The Court held that based on the peculiar facts and circumstances, proceeding with the present case before the trial Court will serve no purpose.
The Court quashed the FIR for the offence punishable under Sections 376, 506 of the Penal Code, 1860 (IPC) and Sections 3, 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and its subsequent criminal proceedings.
[Kailash Sharma v. Sate of M.P., 2023 SCC OnLine MP 2074, order dated 12-07-2023]
Advocates who appeared in this case :
Mr. Rajmani Bansal, Counsel for the Petitioner
Mr. Pramod Pachori, Counsel for the Respondent/State
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