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The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.
“If the Courts started accepting that a major boy of age 25 years on-wards took away the girl who was a minor and then came with the defence of adolescent love, then it would not be a good sign from the legal point of view, because particular Acts were legislated with certain aims and objects.”
“If somebody said that he was in love with another person or expressed his feelings itself would not amount to an “intent” showing some sort of his “sexual intention”. What constituted such “sexuality” or “sexual intent” and what was not, was a question of fact.”