Rajasthan HC Quashed POCSO Case Filed Against 22 Yr Old Convict, Says, Both Minors Were Apparently Driven by Momentary Emotions

Rajasthan High Court Law Insider

Aastha Thakur

Published on: 30 November 2022 at 02:38 IST

The Rajasthan High Court quashed the FIR registered under Section 376 of IPC and Section 3 & 4 of the Protection of Children from Sexual Offences Act against a 22-year-old.

The bench of Justice Dinesh Mehta noted that, “The mistake or blunder which otherwise constitutes an offence has been committed due to immature act and uncontrolled emotions of two persons, out of whom, one is still a minor”

The case before the court involved a minor girl who had a love relationship with the petitioner-accused, and they established a physical relationship for which the girl gave her consent. Later, at the age of 16, the girl became pregnant and gave birth to a baby boy. 

The statement given to police authorities point towards minor gave her consent to cohabit together, due to which she got impregnated.

In its statement, the parents of girl and the boy submitted that the subject of FIR must be quashed as the prosecution for an un-reflective, yet consensual act will be more detrimental to the rights and interests of minor girl and her son, who is just-born.

The Court after hearing the contentions noted that, The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members of both the parties and future of two families, and above all, an innocent child will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”

The court noted that the parents of both the girl and the boy have forgiven their respective children for their mistake. The boy and the minor girl are intended to be married off, when the girl attains marriageable age.

The Court noted that both boy and girl apparently driven by momentary emotions, have fallen prey to lust, surpassing social, moral, and legal limits.

The court additionally noted that rather than bringing about justice, a conviction would put the girl and her newborn boy life full misery.

Hence, the court quashed the FIR filed against the petitioner-accused.

Case Title- Tarun Vaishnav v. State of Rajasthan

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