Keywords: POSCO, harassment, criminal record, consensual relationship
The Protection of Children from Sexual Offences (POCSO) Act is a law that was enacted in 2012 to provide legal protection against sexual abuse. The case, Mrigraj Gautam vs State of UP has brought attention to the intention and purpose of the POCSO act. In this instance, the applicant was charged with enticing a fifteen-year-old girl away.
The applicant’s counsel contended that the charges against the applicant were untrue and intended for harassment. He added that the girl looks older than 15 years and a mere school leaving certificate should not be considered evidence. Moreover, no ossification test has been conducted and the accused doesn’t have any criminal record, thus, the applicant should be bailed.
Justice Krishan Pahal added that the POCSO Act was introduced to give legal protection to children below the age of 18 years against sexual exploitation and abuse but this act is being misused to harass and exploit others. The act never intended to criminalize consensual relations between two adolescents, however, that depends on the situation of the case.
The fact that a consensual relationship was borne out of love can not be ignored. The bail was allowed to the applicant keeping in view the nature of the offence and criminal record of the applicant.
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Written by- Harmannat Kour, College name- The Law School, University of Jammu, Semester- 3rd , an intern under Legal Vidhiya
