The Meghalaya High Court, while quashing the POCSO proceedings, said that it would be an injustice to separate or to divide a well knitted family unit.
The Meghalaya High Court has quashed proceedings in a Protection of Children from Sexual Offences (POCSO) Act case involving a man having consensual sex with his minor wife (both having a child now), saying that it would be an injustice to separate or to divide a well knitted family unit.
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Petitioners were in relationship since 2018 and started living together as husband and wife in 2019 with the knowledge and consent of the family members.
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The girl became pregnant and the boy was charged under POCSO provisions, as the girl was minor at that time, and was incarcerated for 90 days.
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The girl said in all the proceedings that she was in a relationship with the boy since 2018 and has had physical relationship with him on several occasions with her consent.
Justice W. Diengdoh, while quashing and setting aside proceedings observed that the same high court dealing with cases under similar or even identical facts and circumstances has maintained that if a young couple are in a relationship where love is the deciding factor and has culminated into a marriage, it may be the case that in such a relationship even if the girl involved is legally a minor, if she has the capacity to procreate and her age is perhaps ranging from about 16 to 17 years and more but below 18 years, it would not shock the conscience of this court if hypothetically speaking such a girl enters into a marriage relationship on her own free will, as opposed to a child of about 12 or 13 years voluntarily entering into a marriage relationship.
The high court quoted a judgment of one of the Meghalaya High Court cases, which observed, “Though, the POCSO Act has been rightly enacted to safeguard children from sexual exploitation, but in the peculiar facts and circumstances of the case of the petitioners herein, the rigors of the said Act may not be applied to their case and the converse would only result in the breakdown of a happy family relationship and the possible consequence of the wife having to take care of a baby with no support, physically or financially from her husband who may be languishing in jail.”
Petitioner No 1 (Husband) and No 2 (Wife) were in a relationship since 2018 and started living together as husband and wife in 2019 with the knowledge and consent of the family members. This cohabitation was according to the local custom and culture prevailing in this part of the country. Petitioner No 2 at the time was about 16 years old. In 2019, when the Petitioner No 2 went to the hospital for medical check up, doctors informed the girl’s family members about the pregnancy and informed the police as the girl was a minor at that time. A First Information Report (FIR) was registered against the boy and he was arrested and was incarcerated in custody for 90 days. Chargesheet in the case was filed and proceedings started which was now at evidence stage.
“Notwithstanding the fact that the case in question is at the evidence stage, this Court can exercise its inherent power to ensure ends of justice is met and, in this case, it would be an injustice to separate or to divide a well knitted family unit. Accordingly, on an overall consideration, this Court is convinced that the petitioners have made out a case for quashing of the said proceedings in Special (POCSO) Case which is hereby done so,” the High Court said.
Source: News9Live
