SC to study whether minors can be punished under POCSO for consensual sex
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Bench admits case of a person accused of rape whereas he was 18 by a lady who was then 17
The Supreme Court has determined to look at whether Protection of Children from Sexual Offences (POCSO) Act can be employed to punish youngsters for “consensual” bodily relationships which later flip “sour.”
A Bench led by Justice Indira Banerjee admitted the case of a person accused of rape whereas he was 18 years outdated by a lady who was 17. The duo had a “relationship” whereas they had been faculty mates. He nevertheless refused to marry her, following which a grievance was filed towards him in 2015. The case relies in Tamil Nadu.
The trial court docket discovered the person responsible and sentenced him to 10 years’ imprisonment under the POCSO Act in 2019.
This was although the lady had modified her stance through the trial and said in court docket that they had been in a consensual relationship.
The man, represented by advocate Rahul Shyam Bhandari, approached the Supreme Court after the Madras High Court too refused to settle for the lady’s stand that they had been in a consensual relationship.
Mr. Bhandari argued that his shopper and the lady had been each “less than 18 years of age at the time of relationship”.
“The boy was a juvenile at the time. Now, the girl and the boy want to settle in life,” Mr. Bhandari submitted earlier than Justice Banerjee’s Bench within the apex court docket.
The Bench has issued discover to the Tamil Nadu authorities.
The man’s attraction within the apex court docket has sought readability on the regulation for punishing minors under the POCSO Act for consensual sex. It mentioned the target of the Act was not to punish adolescents who’re in a live-in or bodily relationship.
The apex court docket ordered the State police not to take any coercive motion towards the appellant.
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