Settlement or living together as husband and wife cannot quash POCSO case of minor forced to marry man 20 years older: Delhi HC
The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.
The Delhi High Court held that quashing the FIR would legitimise child marriage and the exploitation of a minor.
Delhi High Court dismissed a petition challenging an order on charge in a case involving offences under the POCSO Act, holding that the word “persons” in the gang rape provision under Section 376-D IPC/Section 70 BNS is gender neutral, so as a woman who forms part of a group or acts in furtherance of a common intention to have rape committed on the victim can be charged with the offence, though a woman alone cannot be charged.
The Kerala High Court upheld the conviction of an accused under the Protection of Children from Sexual Offences Act, 2012, holding that intentional application of the mouth to the private part of a child squarely falls within the ambit of Section 3(d) of the Act and constitutes penetrative sexual assault.
In her statement, the victim stated that firstly, her father committed forcible sexual intercourse with her, and after some days when she was sleeping at her paternal aunt’s house, then the convict, who was her paternal uncle, committed the same offence against her.