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Tuesday, March 2, 2021

Now the Bombay High Court has canceled the sentence of rape of a minor sister, said – Under POCSO law, consent of minors in sex undefined

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The Bombay High Court has quashed the ten-year rigorous imprisonment hearing of a 19-year-old boy, who along with his cousin Charge of rape Was. The Bombay High Court’s reasoning for this is that the legal view on the minor’s consent is not clear. In fact, the 19-year-old boy was convicted in a rape case with his minor cousin.

According to the information, the girl is 15 years old and studies in eighth grade. The girl had been living at her uncle’s house for two years. In September 2017, the girl told a friend that her cousin had mistakenly hit her, which has caused her stomach pain since then. His friend told this to his class teacher.

The victim made these statements in front of the magistrate

When the teacher asked the victim girl about this, the girl sexually abused the teacher Informed And told what his cousin does to him. An FIR was lodged against the boy on 3 March 2018. But when the girl’s medical checkup was done after the FIR, no external injury was found.

The victim told the court that her cousin sexually abused her in September, October of 2017 and again in February of 2018. Under section 164 of the Criminal Procedure Code (CrPC), the statement of the victim child was recorded before the magistrate. In the statement, the victim also stated that it was a consensual act and not only once, but four or five times. In the statement recorded before the magistrate, the girl said that the statements she had given to the police were given at the request of the teacher.

The court gave this argument on the consent of minors

After the lower court convicted the boy, the boy filed a petition in the Bombay High Court and Bail demand Of. After looking into the facts, Justice Shinde said that although the consent of minors is not valid in the law, there is no legal clarity or clear legal view on consensual sex between minors.

Justice Shinde said, “I am also aware of the fact that consensual sex between minors has been a legally ambiguous area, since consent given by a minor is not considered a valid consent in the eyes of law.” The court said that the fact that the victim had reversed her statement could not be ignored and even her mother had not met the prosecution.

The bench further said that the accused was granted bail even during the trial and that he had not misused it. Keeping all these issues in mind, the court has canceled the sentence of the accused and ordered the boy released on bail. The Bombay High Court will hear the boy’s appeal in due time.

Significantly, the Nagpur Bench of the Bombay High Court, in a judgment on 19 January, said that without touching ‘skin to skin’ or ‘touching’ the minor victim on top of clothes, the POCSO Act or child on sexual offenses Sexual assault cannot be considered under the Protection of Laws. However, the country’s top court, headed by Chief Justice SA Bobde, stayed the decision on 27 January.

Subsequently, in another case, a single bench of the Bombay Bench of the Bombay High Court ruled that holding the hand of a girl and opening the pants of the accused’s pants under the Protection of Children from Sexual Offenses Act, 2012 (POCSO) category of sexual assault I do not know

On Wednesday (January 29, 2021), another judgment of Bombay High Court came out. This was also a case related to rape. In this case also, the lower court had found the 26-year-old accused guilty of rape, but Justice Pushpa acquitted him. Justice Pushpa argued, “It is extremely impossible for a single man to press, face, and then rape a young woman without scuffling.”

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