Allahabad High Court has made an important comment during the hearing. The court said that under the influence of western ideas and the concept of live-in-relationship, the thinking of living together without marriage is increasing among the youth.
As soon as such relations break, an FIR is lodged. The laws are in favor of women, so men are convicted based on those laws.
The High Court made this comment while canceling the order of conviction and life imprisonment given to Chandresh by the first division bench of Justice Siddharth and Justice Prashant Mishra by the Special Judge Poxon Act, Maharajganj.
Appellant Chandresh was convicted under sections 363, 366 and 323 of the IPC, section 6 of the POCSO Act and section 3(2)(5) of the SC-ST Act. The prosecution said that accused Chandresh lured the minor daughter of the complainant and took her to Bengaluru. Here he had physical relations with a minor girl.
During the hearing, the High Court found that the victim was an adult and the special court had not properly considered the report during the bone test, in which the girl’s age was proved to be 20 years.
The court said that the school records given by the prosecution were not valid as documentary evidence as per the Juvenile Justice Rules. The court said that the girl herself admitted in her statement that she had gone of her own free will. In Bengaluru, the girl lived with the appellant in an area where there were many houses. Had physical relations with the girl with her consent. Here the girl lived with the beneficiary for six months.
The High Court said that the conviction under sections 363 and 366 of the IPC was completely unjustified in law as the victim was an adult and had gone of her own free will. If the victim was an adult then it is wrong to hold the appellant guilty under Section 6 of the POCSO Act. The High Court accepted the appeal of the appellant and canceled his sentence.