NAGPUR: Holding {that a} minor’s consent for a bodily relationship is “irrelevant” beneath present legislation, Nagpur bench of Bombay HC has refused to quash a case filed beneath Pocso Act in opposition to a 29-year-old Washim man who married a 17-year-old and fathered her baby. HC dominated Friday that the FIR can’t be dismissed merely as a result of the lady married the accused and later grew to become a mom.Dismissing a plea by M A Beigh and two relations to put aside the case, a division bench of Justices Urmila Joshi-Phalke and Nandesh Deshpande mentioned: “Regardless of figuring out the lady was a minor, he commits an offence from the second he takes her away from the authorized custody of her mother and father. Merely as a result of the lady has given beginning to a baby, the prison act can’t be brushed apart.”Beigh married the lady on June 2, 2024, when she was 17. She gave beginning to a child boy in Might. Cops registered the case after studying of the childbirth and the mom’s age.Now an grownup, the survivor supported the accused in courtroom, stating their relationship was consensual and the wedding was accredited by each households. Her lawyer urged the courtroom to deal with it as an “distinctive case,” arguing prosecution would hurt each mom and baby.HC, nevertheless, saidthe accused “should have waited until the lady attained 18 years of age,” including that taking a minor from her mother and father’ lawful custody is an offence no matter affection or marriage.The judges famous SC is analyzing whether or not consensual adolescent relationships deserve totally different therapy beneath the Pocso Act, however mentioned that till Parliament amends the legislation, courts should observe it. It additionally cited govt’s opposition to reducing age of consent, warning it will “reintroduce the very mischief the legislation was enacted to stop”.
