The Madhya Pradesh High Court, while intending to protect adolescent boys from false rape charges under Section 375 of the Indian Penal Code (IPC), 1860, has suggested the Central government to reduce the age of consent from 18 to 16 years.
The order was passed by the Single-Judge Bench of Justice Deepak Kumar Agarwal, after observing that the Criminal Law (Amendment) Act, 2013, which increased the age of consent from 16 to 18 years, had disturbed the fabric of the nation, making young boys in a consensual relationship criminals.
As per the amendment, any sexual relationship with a girl below the age of 18 years is considered as rape notwithstanding whether it is consensual or not, noted the court.
Justice Agarwal remarked that easy access to internet and social media platforms had resulted in children hitting puberty at an early age.
He said adolescent boys and girls were getting attracted to each other, leading to consensual physical relations between them.
The High Court made this observation while adjudicating a petition seeking to quash the FIR against 23-year-old accused Rahul Chandel Jatav, who was slapped with allegations under Sections 376(2)(F)
, 376(3) and 315 of the IPC, Section 5(L)(O) and Section 6 of the Protection of Children from Sexual Offences (POCSO), 2012 and the Information Technology (IT) Act, 2000. As per the FIR, Rahul was the tutor of the survivor. He spiked the drink of the girl and committed rape on her. The accused videographed the act and later blackmailed the survivor, compelling her to make physical relations with him on multiple occasions.
However, the accused contended that sexual intercourse was consensual and without force. He further pointed out that the FIR was registered after a delay of seven months.
The Bench relied on the ruling of the Madras High Court in the case of Vijayalakshmi & Anr vs State & Anr, wherein the court had expressed its concern over the misuse of provisions of the POCSO Act, 2012 by the families against boys, who were in consensual relationship with their daughters.
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