The Meghalaya High Court noted that mutual love and affection between a young couple would not amount to “sexual assault” under the Protection of Children Against Sexual Offences Act (POCSO).

The high court remarked this last week when it dismissed an accusation against an accused minor and released him from all legal consequences.

Justice Diengdoh was hearing a petition filed by the accused minor and the girlfriend’s mother seeking to quash the case. The minor girl was residing with her teacher at a school. It was when the minor girl was found missing by the teacher on two occasions, and the parents were reported on the matter. The mother then filed a complaint with the local police station.

Subsequently, upon discovering that the minor was having physical relations with the accused, who was her boyfriend, the police registered a First Information Report (FIR) under Section 5(l)/6 of the POCSO Act (aggravated penetrative sexual assault) against the boy. As a result, he was held and put in prison for ten months before getting bail.

During her deposition before a magistrate, the minor girl admitted that she had physical relations with the accused and that her relationship with him was consensual and of her own free will.

But the Investigating Officer filed a chargesheet against the accused on finding prima facie evidence against him. The case went to trial before the Special Judge (POCSO), Shillong, when the petitioners moved the High Court on a mutual understanding to get the case against the accused quashed.

“What is even prevalent now is, what is known as ‘good touch’ and ‘bad touch’ where even a semblance of sexual overtone in the way an alleged perpetrator touches a child victim will make him liable for prosecution under the relevant provisions of the law,” the Court stated.