POCSO applies to the minor Muslim girl who has attained puberty: Delhi High Court. “POCSO Act is not religious specific, it is secular.”
Imran V. State of Delhi 2022- through Commissioner of Delhi Police
The Delhi High Court has rejected the assertion of a minor Muslim girl who has attained the age of puberty, would fall out of the amid of the “Protection of Children from Sexual Offences (POCSO) Act, 2012. Justice Jasmeet Singh observed while rejecting the plea of a man, who is facing charges of a rape along with the provisions of POCSO Act for allegedly having “physical relationship” with a minor girl after their engagement.
BACKGROUND
The petitioner, Mr. Imran contended that as a victim a Muslim girl age 16 and 5 months on a date of the alleged incident – January 01-2022, was a major under the Muslim Personal Law on account had attained puberty, POCSO was not applicable. Mr. Imran sought to quash the FIR registered in January this year.
After engagement he built sexual relationship with that Minor girl further he said no for marriage and said no for returning back amount which was given as dowry. According to the preliminary reports he abused the girl along with family members. Mr. Imran on the other hand state that he never refuse to marry the victim and is still willing to marry her. The victims parents told the High Court they were not interested in getting the daughter married to the accused.
VERDICT
After scrutinizing charges and all allegations, the court imposed the following provisions:
Section 6 POCSO Act: Punishment for aggravated penetrative sexual assault.
Section 4 Dowry Prohibition Act 1962: Penalty for taking dowry.
IPC 376: Whoever commits rape shall be punished with rigorous imprisonment.
IPC 506: Punishment for criminal intimidation.
IPC 406: Punishment for Criminal Breach of Trust.
IPC 377: Voluntarily has carnal intercourse against the order of nature with any living creature.
All these criminal offences are heinous and non-bailable offenses. The judge however rejected his play observing that POCSO Act for the protection of children below 18 years of the age from sexual abuse and exploitation. The act is aimed to secure the child and ensure they are not abused and their childhood and youth is protected against exploitation. He stated that “POCSO Act is not religious specific, it is secular.”
Image Source – iStock
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