Minor Girl Living With Accused As His Wife: Meghalaya High Court Quashes POCSO Case Adopting A ‘Pragmatic’ Approach
Case: Olius Mawiong & Anr. Vs. State of Meghalaya & Anr.
Coram: Justice W. Diengdoh
Case No.: Crl.Petn. No. 22 of 2022
Court Observation: “The POCSO Act speaks of penetrative sexual assault and aggravated penetrative sexual assault to indicate that an act of sexual penetration inflicted upon a minor will attract the punishment for the same under the relevant provisions of the said Act. However, in a case where other attending factors such as a case of consensual sex or sex within the bond of marriage albeit between persons who are still minors or one of whom is a minor, are not taken into account in the correct perspective, the course or cause of justice may not have been served, but only the letter of the law fulfilled,”
“This is precisely the case here where a minor girl who is living with a man as husband and wife with the blessings of the family members, has to witness her husband being prosecuted under the POCSO Act only because of her age being under 18 years. In fact, in the present case, the age of the minor girl is said to be about 17 years and 7 months which is only about 5 months less than 18 years at the time of reportage of the alleged offence.”
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Keywords
Quashes POCSO Case, Pragmatic Approach
