Girl Has Reached Maturity And Is Capable Of Making Her Own Decisions: MP High Court Quashes Rape Charges In POCSO Case
|The Gwalior Bench of the Madhya Pradesh High Court while dealing with a petition under Section 482, CrPC quashed the charges against the Petitioner. The complainant was 17 years, 10 months while filing the complaint and the Court said that it is a sufficient age for a person to be capable of making their own decisions.
The Bench of Justice Deepak Kumar Agarwal said that “This Court looking into the physical and mental development of an adolescent of that age group, would consider it logical that such a person is capable of making conscious decision as regard his or her well-being. Prima facie, it appears that there is no mens rea involved.”
Advocate Rajmani Bansal appeared for the Petitioner while Public Prosecutor Pramod Pachori appeared for the Respondent.
In this case, the Petitioner and the complainant met online through Facebook. The Petitioner called the complainant to meet at a hotel and they were involved in sexual activity. Then the Petitioner started threatening and coercing the complainant to engage further in these activities. The Petitioner had promised to marry the complainant. However, later it was revealed that the Petitioner was already married.
The Complainant went to the police and a FIR was filed under Sections 376, 506 of the Indian Penal Code (IPC) and Section 3/4 of the Protection of Children Against Sexual Offences (POCSO) Act.
The Court after a careful examination of facts and circumstances held that “this Court is of the opinion that the proceeding of the case before the trial Court would serve no purpose in the peculiar facts and circumstances. On due consideration being given to the submission of the parties, the prayer of the petitioner is hereby allowed. The impugned FIR as well as all consequential proceedings arising out of Crime No.586/2022 registered against the present petitioner at Police Station Padav District Gwalior for the offences punishable under Sections 376, 506 of IPC and 3/4 of POCSO Act are hereby quashed.”
Accordingly, the Court disposed of the Petition and quashed the charges.
Cause Title: Kailash Sharma v. The State Of Madhya Pradesh Incharge Police Station Through Police Station Padav & Anr.
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