Survivor bears male child of POSCO accused

Survivor affirmed that the violation occurred due to ignorance

A promise to solemnise the marriage when she turns 18 was made

The Karnataka High Court allowed a petition filed by a 20-year-old man who was charged under Section 366 (A), 376(1) of the IPC and section 4, section 6 of the Protection of Children from Sexual Offences (POSCO) act, and section 9 of the Prohibition of Child Marriage Act. The criminal proceedings against him were quashed.

The survivor and the parents affirmed that the violation occurred due to ignorance. The 16-year-old who has consensual sex with the man has a male child.  A promise to solemnise the marriage when she turns 18 was made to the court. “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. 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. 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,” a single judge bench of Justice Hemant Chandangoudar stated.