SUIDBSHRE 04 December 2021

Criminal law-protection of children from sexual offences

Approximate 11 years ago on 10th Dec 2010 two school going children (age-9and 11years ) are in a s*xual relationship.

Scene- younger one for forcefully kissed the elder one for 23 minutes approximate .After this victim remain silence inorder to protect her partner from punishment from parents .But she has gone through a trauma of 2-3 months .

Current scenario- despite this painful event ,they have continued their relationship .One day her boyfriend realised his mistake and asked to forgive him .Die to emotional bond they share ,she had forgiven her .

Statement of victim- except that day they used to enjoy harmonious relationship .she likes him .

My question- if both parties are happy with each other , should I induce her file a complain under POCSO Act ?

Is this offence comes under POCSO Act ?

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3 Replies

G.L.N. Prasad (Retired employee.) 04 December 2021

The age of both the persons involved at the time of that incident and the present purpose of filing the complaint has to be discussed by the complainant with the Advocate for a remedy.

1 Like

Dr J C Vashista (Advocate) 05 December 2021

Prima facie it is a "time pass" academic exercise

1 Like

Megha 04 January 2022

The Protection of Children from Sexual Offences Act, 2012 (POCSO Act)provides protection to a childunder the age of 18 years from any s*xual offence against them. Forcefully kissing thechild under is categorised as aggravated s*xual offence against a child. This view was also upheld by the Sikkim High Court.

Any person committing such offence shall be punishable with imprisonment which shall not be less than 5 years andmay extend to 7 years and shall also be liable for a fine.

Further, a child, being a victim of a such an offence can report the offence at anytime irrespective of their current age.

The Act make reporting of s*xual offences compulsory. However, in the instant case since the victim has condoned the offender and both the parties are in a harmonious relationship, a plea in front if the authorities may not stand ground.

Regards,

Megha