Boys in consensual relationship often bear brunt of Pocso: Madras high court

Justice N Mala of the Madurai bench of the high court made the remarks while dealing with the case arising from a relationship between two teenagers.

Bengaluru: The Madras high court said that in cases involving consensual relationships between adolescents, it is often the “young boy who ends up facing criminal consequences”, as it set aside the conviction of a man under Pocso Act.

Justice N Mala of the Madurai bench of the high court made the remarks while dealing with the case. (File Photo)

Justice N Mala of the Madurai bench of the high court made the remarks while dealing with the case arising from a relationship between two teenagers in Kanyakumari district in Tamil Nadu, where the girl was about 16 years old and the convict was around 17 at the time of the incident in 2018. According to the prosecution, the boy had expressed his love for her and proposed marriage.

Following a complaint, the boy was convicted by a special court under the Pocso Act and under section 366 of IPC for the offence of abducting someone and forcing them for marriage.

The court sentenced him to imprisonment for 20 years. The accused later filed an appeal before the high court.

“...In cases involving consensual relationships between adolescents, it is often the young boy, who ultimately bears the consequences. Under parental pressure, the girl may be compelled to marry another person, following which criminal proceedings are initiated against the boy under the Pocso Act, resulting in his prolonged incarceration,” justice N Mala said in her order passed last month.