Preposterous To Presume Class 12 Rape Victim Minor: HC

It is preposterous to presume that an alleged rape victim studying in class 12 will be a minor in the absence of any document on record, the Delhi High Court has said.

During the hearing of a petition seeking quashing of a rape case on the basis of a compromise between the parties, Justice Rajnish Bhatnagar asked the prosecutor representing the state as to how the Section 6 of POCSO Act has been invoked in the matter.

Responding to the query, the prosecutor submitted since the victim was in 12th standard at the time of the incident, it was presumed that she must be a minor and therefore, Section 6 of the Protection Of Children from Sexual Offences (POCSO) Act has been invoked.

Dubbing the submissions made by the prosecutor “highly preposterous”, the court said,”Without any document on record, how can one presuppose that victim is a minor, even a major girl can be in 12th standard.”

The prosecutor sought time to file a status report in the court which issued notice on the petition and listed it for further hearing on March 7.

Section 6 (punishment for aggravated penetrative sexual assault) of the POCSO Act entails a minimum punishment of 20 years which may extend to life imprisonment or death penalty.

In the instant case, an FIR was lodged at Sultanpuri Police Station here against a man on the allegations of raping and criminally intimidating a girl in 2022.

The plea sought quashing of the FIR on the ground that the matter has been settled between the parties and the man and the girl are living happily together after getting married in November 2022.

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