Mumbai: Observing that a minor in a Protection of Children from Sexual Offences (POCSO) Act case has retracted her statement in the FIR, the Bombay High Court suspended the sentence and permitted bail to a 19-year-old man who was convicted for sexually assaulting his 15-year-old cousin while she was living with him.
The Bombay High Court noted that consensual sex with a minor is a legal grey area as the law does not consider consent given by a minor valid, reported Hindustan Times.
The court also took notice of the fact that the minor has retracted her statement and that her mother showed unfriendly behaviour during trials. The matter will now be taken up during the appeal against the conviction.
The 19-year-old man was earlier sentenced to 10-year imprisonment for raping the girl.
What is POCSO Act?
To deal with child sexual abuse cases, the Government has brought in a special law, namely, The Protection of Children from Sexual Offences (POCSO) Act, 2012. The Act has come into force with effect from 14th November 2012 along with the Rules framed thereunder.
The POCSO Act, 2012 is a comprehensive law to provide for the protection of children from the offences of sexual assault, sexual harassment and pornography, while safeguarding the interests of the child at every stage of the judicial process by incorporating child-friendly mechanisms for reporting, recording of evidence, investigation and speedy trial of offences through designated Special Courts.