Meghalaya: Mutual love between minor couples doesn't amount to sexual assault under POCSO: High Court

The Meghalaya High Court on November 1 ruled out that the act of mutual love and affection between a young couple will not amount to "sexual assault" under the Protection of Children Against Sexual Offences Act (POCSO Act). 

Justice W. Diengdoh made this observation while quashing a POCSO case against an accused minor while freeing him from any liability in the criminal case. 

The mother of a minor girl lodged an FIR, wherein, she complained that her minor daughter was sexually assaulted by the minor accused on multiple occasions. 

Subsequently, Meghalaya police registered a case under Section 5(l)/6 of the POCSO Act. 

During the investigation, the victim gave her statement and said that the accused is her lover and they have been having a relationship and what they did was out of consent and her own free will. 

It was therefore argued that it is not a case of sexual assault as could be understood from the provisions of the POCSO Act.

Taking note of the facts of the case, the Court, at the outset, noted that in a case of rape or sexual assault, the act not only affects the physical well-being of the victim but would also leave a very deep emotional scar which would require prolonged counseling for the experience and the image to be erased from the mind of the victim.

The High Court, however, further observes that ‘though the consent of the child is no consent at all. However, in the said case there was a mutual understanding, love, and affection between the two. 

"...in a case where there is mutual love and affection between a child and a person which might even lead to a physical relationship, though the consent of the child under the law is immaterial as far as prosecution for an alleged offense of sexual assault is concerned, but considering the peculiar facts and circumstances of a particular case, such as in a case of a boyfriend and girlfriend particularly, if both of them are still very young, the term 'sexual assault' as could be understood under the POCSO Act cannot be attributed to an act where, there is, as pointed above, mutual love and affection between them," the Court remarked as it held that it was in the interest of justice if the case was quashed.

Resultantly, the petition was allowed and petitioner No.1 was set at liberty from any liability in the said criminal case.