Rajasthan High Court Urges 'Romeo‑Juliet' Exception in POCSO, Quashes Case Involving Consenting Teens
The court says mechanical use of the child‑protection law turns consensual adolescent conduct into crime.
Overview
- Justice Anil Kumar Upman recommended a close‑in‑age carve‑out so consensual relationships near the age of majority are not prosecuted as sexual offences.
- The bench allowed a petition to quash an FIR from Jaipur Rural involving a 17‑year‑old girl and a 19‑year‑old man after finding no allegation or medical evidence of assault.
- The court noted the girl said she left home voluntarily and denied any sexual activity, yet police filed harsh charges and a special court framed them mechanically.
- The order criticized investigators and the trial court for ignoring primary evidence and treating a protective statute as a punitive tool.
- The judgment echoes earlier Supreme Court concerns, urges lawmakers to consider reform, and is expected to influence future prosecutions and legislative debate even as no amendment has been enacted.