The Delhi High Court has rejected the assertion that a minor Muslim girl who has attained the age of puberty, would fall out of the ambit of the Protection of Children from Sexual Offences (POCSO) Act.
Justice Jasmeet Singh made this observation while rejecting the plea of a man, who is facing charges of rape along with provisions of the POCSO Act for allegedly having a “physical relationship” with a minor girl after their engagement.
The petitioner, Mr. Imran, contended that as the victim, a Muslim girl aged 16 years and 5 months on the date of the alleged incident — January 01, 2022, was a major under the Muslim Personal Law on account of having attained puberty, POCSO was not applicable. Mr. Imran sought to quash the FIR registered in January this year.
The judge, however, rejected his plea observing that, “POCSO is an Act for the protection of children below 18 years of age from sexual abuse and exploitation”.
“The Act is aimed to secure the children and ensure they are not abused and their childhood and youth is protected against exploitation,” Justice Singh reminded.
Marriage proposal
As per the FIR, Mr. Imran visited the house of the girl with a request to be married to her. The parents of the girl agreed on the condition that the marriage takes place when the victim clears her Class XII.
The FIR stated that the parents of the victim gave ₹1 lakh in cash, silver chain, watch, mobile, gold ring, clothes, etc. to Mr. Imran at the time of their engagement. Subsequently, the father also sold his house and took a loan, to give Mr. Imran another ₹10 lakh.
The FIR stated that after the engagement, Mr. Imran established physical relationship with the victim on January 01, 2022. Subsequently, he refused to marry the victim and abused her as well as her parents.
Mr. Imran, on the other hand, stated that he never refused to marry the victim and is still willing to marry her.
The victim’s parents told the High Court that they were not interested in getting their daughter married to the accused.
