Mumbai: The Thane Special Protection of Children from Sexual Offence (POCSO) Act court acquitted a 24-year-old man, stressed upon the necessity of proving the accused’s culpable mental state for conviction under the stringent POCSO Act.
The court also noted that the victim, being 16 at the time of the incident, had the capacity to understand and make her own decisions. Since she voluntarily eloped with the accused, he could not be held guilty of the charges.
The prosecution’s case dates back to November 2016, when the then 18-year-old accused and the 16-year-old victim fell in love, decided to elope, and got married. The girl’s mother, aware of the affair, filed a case against the accused after they eloped.
In her statement, the victim’s mother admitted that she was angry upon discovering the affair and filed the complaint without knowing its full contents. She acknowledged that the victim voluntarily fled with the accused and was mature enough to understand the situation.
The court, after reviewing the evidence, held that proving the charges required demonstrating the accused’s culpable mental state.
