Minor Girl Was Living As Happily Wife Of Accused – POSCO Case Quashed: Meghalaya HC
D.D:19-07-2022
The Meghalaya High Court recently quashed a FIR and criminal proceedings initiated against a man booked under the POCSO Act and IPC after noting that the accused and the victim-wife, a minor, were married.
According to the Bench of Justice W Diengdoh, even though the POCSI Act punishes sexual penetration of a minor, justice would not be served if the court did not consider other factors, such as consensual sex within the bond of marriage.
Background:
In this case, petitioner no.1 (the husband) lived with petitioner no.2 (the wife), who is the informant’s daughter, as husband and wife, and despite the fact that the wife was a minor, both families approved of the relationship.
The husband brought his pregnant wife to the hospital when she became pregnant. As the wife was a minor, the hospital authorities notified the police after the pregnancy was confirmed.
The police visited the wife’s residence and convinced her to file a FIR. Consequently, the wife filed a police report, and the husband was charged under Section 5(j)(ii)q/6 of the POCSO Act.
Later, however, the husband and wife jointly petitioned the High Court to dismiss the FIR.
The couple argued before the court that they were unaware of the law and were living happily as husband and wife. Further, it was stated that because the husband was the family’s breadwinner, the family will face great hardships if the case against him is allowed to continue.
The court noted, after hearing the parties’ arguments, that the wife does not believe her husband’s actions constitute a violation of the POCSO Act.
According to the court, this is a case in which a minor girl was living with a man as his wife with the consent of both families, and she would only have to witness her husband being prosecuted because she is under the age of eighteen.
The court noted that the victim was only five months shy of her 18th birthday when the case was filed, and therefore justice will not be served by prosecuting the husband.
Therefore, the court granted the petitioner-Section husband’s 482 CrPC motion and dismissed the POCSO Act FIR and proceedings.
Olius Mawiong & Another
Versus
State of Meghalaya &b Anr
