Recently, the Punjab and Haryana High Court refused to quash a rape case under the POCSO Act based on a compromise between the victim and the accused. According to the details of the case, the man was accused of raping a 13-year-old victim. The petitioner allegedly enticed the victim away, and she stayed with him and was recovered after four months by the police from the custody of the accused. The offences involved in the present case are Sections 363, 366-A, 376, 34 IPC and Sections 4 and 12 of the POCSO Act. Later, the accused filed a plea to quash the FIR based on compromise as he married the victim. However, Justice Jasgurpreet Singh Puri said, "The law recognises the inherent power imbalance and disparity in competence between minors and adults, which may facilitate exploitative or abusive relationships.The law provides ex-ante protection to minors by criminalising sexual activities involving persons below eighteen years of age, who by virtue of their age are deemed to be legally incapable of giving an informed consent." The high court also observed that the POCSO Act has adopted the "bright- line rule" which is based upon the principle that minors do not possess the legal or developmental capacity to give informed consent in matters of sexual activity, and reflects a clear and consistent legislative intent to create an unambiguous zone of protection for minors from sexual exploitation. Punjab and Haryana High Court Commutes Death Penalty of Man Who Sexually Abused His Minor Daughter, Says Case Cannot Be Termed ‘Rarest of Rape’ To Justify Death Sentence.

High Court Refuses to Quash Rape Case Based on Compromise Between Victim and Accused

Women and Child Helpline Numbers:

Childline India – 1098; Missing Child and Women – 1094; Women’s Helpline – 181; National Commission for Women Helpline – 112; National Commission for Women Helpline Against Violence – 7827170170; Police Women and Senior Citizen Helpline – 1091/1291.

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