In a landmark decision that underscores the nuanced application of the Protection of Children from Sexual Offences (POCSO) Act, the Karnataka High Court has made a pivotal observation. The court stated that the POCSO Act is designed to safeguard minors from sexual abuse, not to penalize consensual relationships between adolescents. This clarification came during the quashing of a criminal case against a 21-year-old, charged under the Indian Penal Code (IPC), the POCSO Act, and the Prohibition of Child Marriage Act for his relationship with a minor girl.
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Justice Hemant Chandangoudar, presiding over the case, noted the socio-economic background of the accused and the minor, emphasizing their limited access to information and awareness of the legal implications of their actions. The court highlighted,
“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.”
Case Background and Legal Proceedings
The Bengaluru Police had booked the young man for marrying and engaging in a sexual relationship with the girl, who is currently 16 years old. The accused sought to quash the criminal proceedings, arguing that their relationship was consensual. Supporting this, the survivor and her parents submitted an affidavit to the High Court, acknowledging the marriage as an act done “inadvertently” and “in ignorance of law.”
The case took a compassionate turn when it was revealed that the couple had a child together, and the family’s livelihood depended on the accused. The State, however, opposed the plea, labeling the offenses as heinous.
After careful consideration of the circumstances, including the economic hardship faced by the girl’s family and the potential adverse effects of continuing the prosecution on the survivor and her child, the court decided to quash the proceedings. Justice Chandangoudar reasoned that allowing the criminal case to proceed would only exacerbate the suffering of the survivor and her child, contrary to the ends of justice.
The court’s decision to quash the criminal proceedings and order the immediate release of the petitioner from judicial custody is a significant step towards recognizing the complexities surrounding cases of adolescent relationships under the POCSO Act. It also highlights the importance of considering the broader implications of legal actions on the lives of those involved.
Legal Representation
The accused was represented by Advocates Abhishek Ramesh and Seetharamu P, while Advocate Vinay Mahadevayya represented the State. Advocate Gandavarapu Krishna Revanth stood for the survivor, ensuring that all parties had their perspectives considered in the court’s deliberations.
This ruling by the Karnataka High Court serves as a crucial reminder of the law’s protective intent and the need for its sensitive application, especially in cases involving young individuals and complex socio-economic factors.
CASE DETAILS:
Case title- G Raghu Varma v. The State Of Karnataka
Represented the accused- Advocates Abhishek Ramesh and Seetharamu P
Represented the survivor- Advocate Vinay Mahadevayya represented the State. Advocate Gandavarapu Krishna Revanth
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