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21-year-old granted bail in POCSO after court finds consensual relationship

Uncategorized21-year-old granted bail in POCSO after court finds consensual relationship

In accordance with the petitioner’s solicitor, the prosecutrix was 17 years previous and the accused was 19 years previous on the day the alleged crime was dedicated. In accordance with the solicitor, the 2 had a consensual relationship and there was no factor of strain or compulsion, a lot much less any violence or assault.

Up to date Feb 11, 2023 | 11:07 AM IST

CJI Chandrachud, not too long ago urged the parliament to rethink the age of consent underneath the POCSO

Photograph : iStock

New Delhi: In a case introduced underneath the Safety of Youngsters from Sexual Offences (POCSO) Act, the Delhi Excessive Court docket granted bail to a 21-year-old man after the prosecutrix, who was 17 on the time the alleged offence was allegedly dedicated, said she wished to wed him.

The kid the couple already had is roughly 18 months previous.

The prosecutrix, who was there in particular person alongside along with her mother and father, stands by her assertion even right this moment, in response to Justice Anup Jairam Bhambhani , and the petitioner additionally desired to wed her whereas his mother and father had no objections.

Within the case filed in November 2021 underneath sections 363 (kidnapping), 366 (kidnapping, abducting, or engaging a girl to compel her marriage, and many others.), 366A (procuring a juvenile lady), and 376 (rape), the petitioner had been in jail for greater than a 12 months as of January 16.

In accordance with the petitioner’s solicitor, the prosecutrix was 17 years previous and the accused was 19 years previous on the day the alleged crime was dedicated. In accordance with the solicitor, the 2 had a consensual relationship and there was no factor of strain or compulsion, a lot much less any violence or assault.

The Safety of Youngsters from Sexual Offenses Act, 2012 (POCSO) criminalises all sexual acts amongst these underneath the age of 18, and the Chief Justice of India , D.Y. Chandrachud, not too long ago urged the parliament to rethink the age of consent underneath the POCSO.

He said that the main issue encountered in POCSO instances by the Judges is in conditions the place the consent is factually current however no matter it because the POCSO presumes that there isn’t a consent amongst these under 18 years.

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