Immature Act & Uncontrolled Emotions Of Two Persons: Rajasthan HC While Quashing POCSO Case Against 22-Year-Old
The Rajasthan High Court has quashed the FIR registered under Section 376 of Indian Penal Code and Sections 3 and 4 of the Protection of Children from Sexual Offences Act against a 22-year-old.
The Court observed that in this case, the minor girl had a love affair with the petitioner-accused and that she had consented to the physical relationship.
"The mistake or blunder which otherwise constitutes an offence has been committed due to immature act and uncontrolled emotions of two persons, out of whom, one is still a minor.", the bench of Justice Dinesh Mehta observed.
Advocate Gajendra Panwar appeared for the petitioner-accused whereas Mool Singh Bhati, PP, appeared for the State.
In this case, the minor girl gave birth to a baby boy though she herself was of tender age of 16 years.
The Investigating Officer recorded her statement in which it was revealed that during her love affair with the petitioner-accused, she voluntarily cohabited with him, due to which she got impregnated.
The parents of both the girl and the boy beseeched that the subject FIR be quashed, because the prosecution for an unreflective, yet consensual act will be more detrimental to the rights and interests of minor girl and her son, who is just-born.
The Court observed that "The petitioner's prosecution and conviction will lead to pain and tears in the eyes of the family members of both the parties and future of two families, and above all, an innocent child will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice."
The Court noted that both boy and girl apparently driven by momentary emotions have fallen prey to lust, surpassing social, moral and legal limits.
The Court also noted that the parents of both girl and the boy having forgiven their respective children for their felony, intend to tie them in nuptial knot, when the prosecutrix attains marriageable age.
The Court further observed that conviction will result in 10 years of incarceration which would bring more agony and misery to the girl and her newly born son, rather than securing justice.
Thus the Court quashed the FIR.
Cause Title- Tarun Vaishnav v. State of Rajasthan