Photo Courtesy: India Today Group
Shillong: Chief Justice Revati Mohite Dere quashed two separate POCSO cases on July 6, citing the established, consensual nature of the relationships involved. The court ruled that continued prosecution would only harm the couples and their families.
In the first case, Trosbingroy Sad and his partner registered their marriage under the Special Marriage Act. The victim’s uncle, who filed the original complaint, dropped his objections. The couple confirmed she is living with him "on her own volition" and hopes to pursue tailoring classes. Their young child died shortly after birth.
The second case involved Adrain Kharmyndai and his partner, who are now raising a daughter together. They live with the man’s parents in East Khasi Hills. He supports the household as a jeep driver. The woman told the court she is there of her own choice and wants to resume her education through vocational knitting and crochet training.
The court invoked the precedent set in Shalenbor Wahlang v. State of Meghalaya. It allows for the closure of POCSO cases when the victim provides informed consent and the parties share a stable domestic life. Forcing imprisonment would cause, according to the court, "great injustice" to the mothers and their children.
Authorities must now verify if these families received support from fifteen different welfare schemes, including Mission Vatsalya and Ayushman Bharat. The District Legal Services Authority will ensure these women access their legal entitlements. The court set deadlines in September to review compliance reports for both files.
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