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“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”
“The consent of the complainant as defined under section 90 IPC cannot be said to have been obtained under a misconception of fact. There is no material to substantiate “inducement or misrepresentation” on the part of the accused to secure consent for sexual relations without having any intention of fulfilling said promise”.
“The incident is of the year 2014 and any further litigation, will only prolong the suffering of both the parties, who are living their own separate lives”
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”
“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”
The Court further observed that there is a worrying trend that consensual relationships going on for prolonged period, upon turning sour, have been sought to be criminalised by invoking criminal jurisprudence.
The complainant was adult enough to know that the law forbids a second marriage and there was no allegation in the complaint that applicant promised to divorce his first wife and then marry her.
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
The Supreme Court directed masking of the complainant’s identity in the Court records and future proceedings and her to be referred as ‘Miss X’.
While considering the complexities introduced by dating apps like Bumble, the court balanced the need for bail with the imperative of upholding the integrity of the trial process.
“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”
Calcutta High Court noted the rising trend of consensual sexual relationships among adolescents and recognized the need to address such cases within the legal framework.
If consensual relationship cases are segregated from the pending cases, it will be easy to deal with them and in appropriate cases, the Court can also exercise its jurisdiction and quash the proceedings, if the proceedings are ultimately going to be against the interest and future of the children involved in those cases and it is found to be an abuse of process of Court.
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