In the last one month, at least three different High Courts have either quashed First Information Reports (FIRs) and pending criminal proceedings or acquitted accused persons under the Protection of Children from Sexual Offences (POCSO) Act, 2012. One High Court released the accused on bail on the grounds that the accused and victim had consensual sex.
On July 12, the Delhi High Court released a 25-year-old accused on bail on the premise that the 15-year-old girl had eloped with him on her own and did not support the prosecution’s story of sexual assault. On July 10, the Bombay High Court quashed the conviction of a 25-year-old man under POCSO on the grounds that he had consensual sex with the 17-year-old girl. The girl had terminated her pregnancy after the arrest of the accused. On July 7, the Madras High Court not only quashed an FIR registered under POCSO and consequential criminal proceedings, but also directed the Director General of Police to produce the reports of all such pending cases before the Court. On June 27, the Madhya Pradesh High Court quashed an FIR registered under POCSO and all criminal proceedings on the basis that the sexual relationship was consensual. The judgment did not mention the age of the accused (who used to be her coach). The Court recommended that the Indian government consider reducing the age of consent of the prosecutrix from 18 to 16 years. The relevant sections of the Indian Penal Code (IPC) were also applied in these cases.
