The Aryavarth Express
Prayagraj (Uttar Pradesh):
The Allahabad High Court has observed that the growing influence of Western culture and the concept of live-in relationships is leading many young people to cohabit without marriage, and that criminal cases are frequently filed when such relationships break down.
The observations were made by a bench comprising Justices Siddharth and Prashant Mishra-I while quashing the life imprisonment sentence awarded to an accused in a case from Maharajganj district.
The bench set aside the conviction and sentence imposed on Chandresh by a Special Judge (POCSO Act), Maharajganj, in March 2024. The appellant had been convicted under Sections 363 (kidnapping), 366 (kidnapping for marriage) and 323 (voluntarily causing hurt) of the Indian Penal Code (IPC), Section 6 of the POCSO Act, and Section 3(2)(V) of the SC/ST Act.
The prosecution had alleged that Chandresh lured the complainant’s minor daughter to Bengaluru on the pretext of marriage and established physical relations with her. However, the High Court found that the victim was an adult at the time of the incident.
The court noted that the trial court failed to properly consider the ossification test report, which indicated the victim’s age to be approximately 20 years. It also observed that the school records relied upon by the prosecution were not produced in compliance with the Juvenile Justice Rules. The bench further pointed out inconsistencies in the age mentioned by the victim’s mother, who stated in the FIR that her daughter was 18-and-a-half years old.
Taking note of the victim’s conduct, the court observed that she had voluntarily left her home and travelled with the appellant via public transport to Gorakhpur and then to Bengaluru. Despite travelling by government buses and trains, she did not raise any objection at any stage. The victim lived with the appellant in Bengaluru for nearly six months in a residential locality and admitted to having consensual physical relations with him. She contacted her family only after being dropped back at Shikarpur Crossing on August 6, 2021.
In view of these facts, the High Court held that the conviction under Sections 363 and 366 of the IPC was legally unsustainable, as the victim was an adult who had eloped of her own free will.
The court further held that the conviction under Section 6 of the POCSO Act was improper, as the law applies only when the victim is a minor. The conviction under Section 376 of the IPC was also set aside, with the court noting that the relationship between the parties was consensual.
Additionally, the bench ruled that the conviction under Section 323 of the IPC was unjustified, as the allegation of assault was attributed to the appellant’s family members and not to the appellant himself.
