Meghalaya High Court Quashes POCSO Case Involving Consensual Relationship

Shillong: The High Court of Meghalaya has quashed a Protection of Children from Sexual Offences (POCSO) case against a man after determining that he and the survivor are currently living as husband and wife. Chief Justice Revati Mohite Dere issued the order on June 13 while reviewing a petition to dismiss a case originally filed by the survivor’s mother in 2018.

The court acknowledged that the couple now has a seven-year-old daughter. The original case began when the survivor’s mother complained that her daughter, then 16, had become pregnant. During proceedings, the survivor confirmed the relationship was consensual and stated she has been living with the accused since 2023.

In its ruling, the court cited its previous decision in the Shalenbor Wahlang vs State of Meghalaya case. The court noted that these matters, often referred to as “Romeo-Juliet cases”, are not uncommon in the state. Justice Dere emphasized that a rigid application of the law without considering the family's situation could result in greater injustice to the survivor and her child.

Both the mother and the survivor appeared in court to support the dismissal of the charges. The mother testified that her daughter is happy and that the accused is actively caring for the family. Following the ruling, the court directed local authorities to ensure the survivor and her child receive all eligible government welfare benefits.

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