BENGALURU: The Karnataka High Court on Friday terminated criminal proceedings -- both rape charges under IPC and sexual assault under Pocso Act -- registered by the city police against a 16-year-old boy, based on the mutual settlement reached between the families of the accused boy and survivor girl, who is also 16 years old.
Noting that several courts have considered the impact of hauling a minor boy into the web of provisions under the Pocso Act, and clearly held that the Act was not meant to punish minor accused who are in love with minor survivors, Justice M Nagaprasanna passed the order by allowing the petition filed by the boy. He was seeking annulment of proceedings based on a complaint filed in November 2021.
“Romantic love between an adolescent boy and girl sometimes arising out of infatuation, result in the boy embroiling himself into the vortex of provisions of the Pocso Act,” the judge observed, pointing out that both the accused and victim were close friends and were infatuated with each other.
The judge noted that the act had been done in the frenzy of youth, and such acts are entirely different from aggravated penetrated sexual assault. The provisions of the Act are not known to students who are minors and get infatuated. It is parents of the wards who come forward to register a complaint, often to settle the dispute, the judge said.
Considering the peculiar facts of the case, the judge said, “I deem it appropriate to take note of the settlement, accept the same and free the petitioner from the mesh of crime that he is enmeshed in, failing which the future of a student, who passed Standard 10 with ‘A’ Grade, would be put to insurmountable jeopardy... Moreover, no useful purpose would be served by sending the boy to face criminal trial... ”