Meghalaya High Court Dismisses POCSO Case After Survivor's Marriage
Court Quashes POCSO Proceedings
A file image of Meghalaya High Court (Photo: Meghalaya High Court/meta)
Guwahati, July 30: The Meghalaya High Court has annulled criminal proceedings initiated under the Protection of Children from Sexual Offences (POCSO) Act against a 27-year-old man, considering that he has married the survivor.
A division bench made this ruling while accepting a joint petition from both the accused and the survivor, which sought the cancellation of an FIR filed at the Ri-Bhoi Women Police Station in 2021, along with the ongoing proceedings before the Special Judge (POCSO) in Ri-Bhoi.
In its decision, the High Court referenced a previous ruling in the case of Shalenbor Wahtang vs State of Meghalaya, which acknowledged that consensual relationships among adolescents are not rare in the region and that courts should take into account unique circumstances in such matters.
The bench pointed out that while POCSO offences are classified as societal crimes, judicial outcomes should not ignore social realities. It highlighted that imprisoning a husband who is legally married or cohabiting with children could negatively impact both the survivor and their child's well-being.
Stressing that each case should be evaluated based on its specific facts, the court concluded that continuing the trial would be pointless and thus quashed both the FIR and the ongoing criminal proceedings.
Additionally, the High Court instructed relevant authorities to ensure that the woman and her daughter benefit from applicable welfare schemes at both the Central and state levels.
The court also mandated the District Legal Services Authority and the District Child Protection Officer in Ri-Bhoi to assist the woman in pursuing higher education or vocational training within eight weeks.
The FIR was filed when the girl was a minor and pregnant. After reaching adulthood, she chose to live with the accused, and they formalized their marriage at the Marriage Registrar in Nongpoh in March of this year.
The court took into account a report from the Secretary of the High Court Legal Services Committee, which confirmed that the couple was living together with their daughter.
The report also indicated that the woman had halted her diploma studies in Laboratory Technology due to the ongoing criminal case. She expressed a desire to continue her education or pursue a law degree and showed interest in vocational training in tailoring.
Furthermore, the report noted that she had voluntarily stated her lack of objection to the quashing of the criminal proceedings against her husband.