Citing Weak Socio-Economic Background Of Accused & Survivor, Karnataka High Court Quashes POCSO Case Over Consensual Relationship With Minor

The Karnataka High Court recently quashed the criminal prosecution initiated against a 20-year old youth for allegedly marrying a minor girl and committing sexual intercourse, leading to her giving birth to a child.

A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by the youth who was charged under Sections 366(A), 376(1) of the IPC and Sections 4 and 6 of the POCSO Act, 2012 and Section 9 of the Prohibition of Child Marriage Act, 2006.

In doing so, the court took into account the joint affidavit filed by the survivor (16-year-old) and her parents stating that the marriage of the survivor with the petitioner was solemnised inadvertently, and in ignorance of law, and from the said wedlock, a male child was born. An assurance was also given to the Court that they would register their marriage upon the survivor attaining the age of majority.

The bench noted that both the survivor and her newly born child are dependent on the petitioner for their livelihood and her parents have expressed their inability to maintain her and the child since they come from an economically weaker section.

Then it said, “The petitioner is in judicial custody and is unable to support the survivor and the child. If the criminal proceedings are allowed to continue, it would result in incarceration causing more misery and agony to the survivor and her child rather than securing the ends of justice.”

It then opined “The object of POCSO Act is to protect minors from sexual abuse and not to criminalize the consensual relationship between two adolescents who had consensual sexual intercourse without knowing the consequences.”

Court said the petitioner and the survivor come from the lower socio economic segment having "limited access to information and knowledge", thus depriving them about the consequences in having consensual sexual intercourse.

Allowing the petition and directing release of the petitioner, it held “Though having sexual intercourse consensually with the minor is an offence under the POCSO Act, however, having regard to the facts and circumstances of the case, to secure the ends of justice, it would be appropriate to quash the impugned proceedings, otherwise, it would result in miscarriage of justice to the survivor and the child.”

Appearance: Advocate Abhishek Ramesh & Advocate Seetharamu P for Petitioner

HCGP Vinay Mahadevayya for R1.

Advocate Gandavarapu Krishna Revanth FOR R2.

Citation No: 2024 LiveLaw (Kar) 94

Case Title: ABC AND State of Karnataka

Case No: Criminal Petition No 13469 OF 2023

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