A single Judge bench was dealing with a criminal appeal filed challenging a conviction orderly special POSCO judge.
In her statement, the victim had stated that the accused had sexual intercourse with her three times. It was also submitted on behalf of the prosecution that the victim aged 16 years.
The Court observed thus:
“Age of the victim child being 16 years, her capacity of understanding cannot be on par with an adult, who has completed 18 years. Even otherwise, if she has given consent for sexual intercourse, her consent is immaterial.
Hence the offence committed by the appellant would come under the Section 5(l) punishable under Section 6 of the POCSO Act. But, neither, the prosecution nor the Special Judge framed charges under Section 5(l) of the POCSO Act.
By dismissing the criminal appeal, the court ordered that the trial Court has already directed the Taluk Legal Services Authority to pay compensation to the victim not less than Rs.4.00 Lakhs. The appellant is also directed to pay a compensation of Rs.5.00 Lakhs to the victim girl immediately.
The Madras High Court has directed the State Judicial Academy to impart training to the stakeholders dealing with the cases under the POSCO Act including the investigating officer, public prosecutor and Special Judge.