Uttarakhand HC Grants Relief To Minor Accused In Consensual Relationship Case With Another: Report

(MENAFN- Live Mint) The Uttarakhand High Court has granted relief to a minor boy, accused of engaging in a consensual relationship with a girl of his age. According to a Bar&Bench report, Justice Alok Mahra on Friday stayed proceedings before the Juvenile Justice Board (JJB) against the minor boy. Both the minor boy and the girl are around 15 years old.

The proceedings in the case have been stayed till the next date of hearing, according to the reports.

The Uttarakhand High Court ordered:“Considering the submissions advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of the criminal case, pending before learned Juvenile Justice Board, Dehradun, shall remain stayed.”

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While ruling to stay on the proceedings in the consensual sex case of two minors, in which the boy was booked, the high court also referred to the Supreme Court's decision decision in the Uttar Pradesh vs Anurudh case. AGA SC Dumka appeared on behalf of the State of Uttarakhand.

The case highlighted that courts should adopt a more lenient approach in matters involving relationships between adolescents.

The case was lodged after a first information report (FIR) was lodged by a girl's father which stated that his daughter was kidnapped by the boy. Following the FIR, a case was filed, and proceedings were initiated.

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When the case reached the high court, the counsel appearing for the boy argued that both the girl and the boy are 15 years of age and have known each other for years.

The minor boy's counsel also argued that the minor girl had invited the boy to her house. Following this“voluntary invitation”, the two spent time together, and the incident in question happened with mutual consent.

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According to the report, the counsel also submitted before the Magistrate that the medical report found no sign of force.

Representing the minor, Advocate Snigdha Tiwari, appearing alongside Advocates Abhijay Negi and Ayush Pokhriyal, argued that placing the child in an observation home could severely jeopardise his future prospects.

Upon considering these submissions, the Uttarakhand high court issued a formal notice and ordered a stay on all proceedings before the Juvenile Justice Board (JJB) until the next hearing date.

Earlier, the Madras High Court had put stay on the conviction of an accuse under the Protection of Children from Sexual Offences Act (POCSO Act). In its ruling, the court noted that the youg boys often face legal consequences even in cases where the relationship between teenagers is consensual.

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