Keywords: Rape of Minor, Sexual Assault, POCSO, Marriage
Delhi High Court identified a disturbing pattern where in certain instances, the accused married the victim to evade criminal charges and abandons her once the FIR is quashed or bailed secured.
Justice Swarna Kanta Sharma, while refusing to quash an FIR registered under Section 363/366A/376/505 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act made these observations.
The case involved a 17-year-old victim who was drugged and sexually assaulted at the accused’s guest house. The accused then started blackmailing her and forcibly made physical relations with her. The victim found out she was pregnant in April 2021 and was forced to sign documents of marriage by the accused. Following the registration of the FIR, the pregnancy was terminated.
The counsel representing the accused contended that the relations were consensual and since both parties are Muslim, they are governed by Muslim personal laws. According to personal laws, marriage between parties is valid as the victim had attained the age of 15.
The Court held that it is prima facie clear that the victim was sexually assaulted in 2021 and, due to societal pressures, the victim’s mother decided to get her daughter married to the biological father. [1]Furthermore, on the issue of whether personal laws would override the effect of the POCSO Act, the High Court left it for the adjudication of the Apex Court. Conflicting judgments arose regarding whether a minor married under Muslim Law should fall under the jurisdiction of personal law or the POCSO Act.
The Court further said that even if the sexual relations had taken place with the consent of the minor, there is no ground for quashing the FIR as “consent was of no consequence for a sexual relationship.”[2]
Written by- Ananya Upadhye, College name – ILS Law College, Pune, Semester- 6th an intern under Legal Vidhiya
[1] LiveLaw: FIR quashed after promise of Marriage
