Whether the minor needs protection under POCSO if there is Consensual sex, observed Bombay HC

Background

In September 2017, when the Victim was of age 15, studying in std. 8th was engaged in a consensual sexual activity with a boy, aged 19, who was her uncle’s son. The boy was convicted for raping her minor cousin continuously and repeatedly under section 4 and section 6 and section 354 of POCSO ACT and IPC respectively.

Decision of Court

Since the victim concerned abandoned from her statement under sec. 164, the accused was granted bail. Also, since each of them were 15 and 19 yrs respectively at the time of first hearing of the case therefore, the Court granted bail to the defendant on execution a private bond of Rs.25,000 .

Rationale

1. The POCSO Act, protects minors, below 18 years from sexual assault and providing them safety.

2. The consensual sex between minors is considered to be legal grey area, a situation in which it is difficult to judge what is right and what is wrong.

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