Can't Presume Class XII Student Is Minor, Highly Preposterous: Delhi High Court Questions Police Over Addition Of POCSO Charge In Rape Case

The Delhi High Court has slammed the police for invoking Section 6 of POCSO Act against an accused in a case of alleged rape, purportedly on the basis of an assumption that since the victim was a class XII student, she must be a minor.

During the hearing of a petition seeking quashing of the rape case on the basis of a compromise between parties, Justice Rajnish Bhatnagar asked the counsel representing police that how the provision was invoked in the matter.

The counsel submitted that since the victim was in 12th Standard at the time of the incident, it was presumed that she must be a minor. 

“The submissions made by leaned APP for the State are highly preposterous. Without any document on record, how can one presuppose that victim is a minor even a major girl can be in 12th Standard,” said the court.

The counsel then sought time to file status report. As investigating officer was not present before the court, a notice has been issued to the DCP to appear on the next date of hearing to explain why the IO was not present in the court.

Section 6 of POCSO Act provides the punishment for the offence of aggravated penetrative sexual assault. It states that any person who commits the offence shall be punished with rigorous imprisonment of not less than 20 years, "but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of natural life of that person and shall also be liable to fine, or with death."

The matter will be heard next on March 07.

In the case from Sultanpuri, the accused and the “victim” got married in November 2022 and are stated to be living happily together as husband and wife.