Plea in law before SC requested the aggravation of POCSO crimes in cases in which juvenile relationships exist
In a special leave petition, the petitioner raised an issue where an adolescent boy in a relationship with a girl under the age of 18 could be punished for the offense of sexual assault under the POCSO Act.
The plea found that incidents such as the establishment of a friendly relationship could not be considered under the strict provisions of the POCSO Act.
This petition was brought against the order of the Madras High Court, which was in the case of Maruthupandi versus stateWhen a girl enters into a consensual relationship with a boy out of love and affection, the boy is subject to the provisions of the POCSO Act.
In the above case, the defendant filed a motion to aggravate the crime. However, the same was rejected by Madras HC on the grounds that violations under the POCSO law cannot be aggravated.
In this motion, the defendant requested additional evidence from the victim to determine that the relationship had indeed been consensual for the past four years. However, the lawsuit was dismissed by the High Court.
The petitioner stated that at the time of the alleged crime, both the defendant and the victim were 17 years old and there had been no sexual assault or violence. In addition, he asserted that it was more of a sour love affair.
The petitioner stated that the rejection of the application against in the case of Vijaylakshmi & Anr. v state, but the facts were the same and the court found that the aim of POCSO was never to treat an adolescent boy as a perpetrator simply because he was in a relationship with an underage girl.
Therefore, the immediate SLP has been filed with the Supreme Court of India to accept the dismissed lawsuit.