Delhi High Court Questions Police Over Addition To POSCO Charge In Rape Case: Can Not Presume Class XII Student Is Minor, Highly Preposterous

The Delhi High Court in the case observed and has slammed the police for invoking Section 6 of the Protection of Children From Sexual Offences Act, 2012 which being against an accused in a case of rape alleged, which being purportedly on the basis of an assumption that since the victim was a class XII student and she being a minor.
The petition seek for quashing of the rape case on the basis of a compromise between parties, the bench headed by Justice Rajnish Bhatnagar in the case observed and has asked the counsel representing the police that how the provision is being invoked in the said matter.
Before the Court, it has been submitted by the counsel that since the victim was in 12th Standard at the time of the incident, the court presumed that she must be a minor. The submissions made before the court by the leaned APP for the State are highly being preposterous. The said court can presuppose that victim is a minor even a major girl can be in 12th Standard. The counsel appearing also seek time from the court for filing of a status report. Thus, the investigation officer is being presented present before the court and a notice has been issued to the DCP for appearing on the next date of hearing to explain why the IO was not being present in the court.
The court stated that it has been provided under Section 6 of POCSO Act that the punishment for the offence of aggravated penetrative sexual assault. The court stated that any person who is committing the offence shall be punished with rigorous imprisonment of not less than 20 years, but the court may extend to imprisonment for life, which shall be meant imprisonment for the remainder of natural life of that person and shall also be liable to fine, or being with death.
Accordingly, the court listed the matter to be next heard on March 07.
It being the case from Sultanpuri, the accused and the “victim” who got married in November 2022 wherein seeking to be lived happily together as husband and wife.

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