On Monday, the Kerala High Court delivered an important verdict, quashing a POCSO case against an 18-year-old youth. Justice G. Girish, while pronouncing the order, said that the circumstances of the case were unusual and that it was essentially about a consensual relationship between two teenagers. The court made it clear that continuing such a trial would amount to destroying the future.
Background
The case was connected to Crime No. 336/2023 registered at Chirayinkeezhu Police Station, Thiruvananthapuram. According to the prosecution, the accused youth took away his 17-year-old classmate and girlfriend and had sexual relations with her twice - once at a friend’s house and another time at the girl's own house.
He was also accused of taking her at night to a deserted rocky area and attempting physical relations on the false promise of marriage.
The accused had been charged under IPC Sections 376(2)(n), 361, 363, 342, 354A and various provisions of the POCSO Act.
Court's Observations
During the hearing, the defence argued that the case was in fact about a consensual relationship between two teenagers, and that now both families had reached an understanding. The girl and her parents also did not wish to pursue the case.
Justice Girish, after examining the case records, found that the complainant girl was only six months short of the age of majority at the time.
He remarked:
"If these incidents had occurred six months later, no offence could have been alleged."
The Judge further said,
"The turbulence of adolescence has given this case a criminal form."
The court also noted that the victim had clearly stated in her affidavit that she wanted to continue her relationship with the accused.
Decision
The High Court held that continuing the prosecution would be 'extremely harsh and improper.' Therefore, the petition was allowed, and the pending case against the accused was quashed.
Justice Girish also observed that in the future, the young couple might marry and lead a normal life. In such circumstances, when the family and the victim themselves did not want to proceed, there was no justification to keep the prosecution alive.
With this order, Sessions Case No. 1897/2023 came to an end, bringing relief to the youth from serious charges.
Case Title: XXX v. State of Kerala and Anr.