JAMMU, Oct. 29 -- In a significant judgment concerning the application of the Protection of Children from Sexual Offences (POCSO) Act to alleged consensual relationships involving minors, the High Court of Jammu and Kashmir and Ladakh has held that marriage, mutual affection or consent cannot automatically erase criminal liability arising from sexual relations with a person below 18 years of age.
Justice Yash Paul Bourney made the observations while dismissing a petition filed by a minor prosecutrix seeking quashing of the charge sheet against a man whom she claimed to have married through a customary Nikah.
The court held that although the circumstances of a relationship may be relevant while considering bail, they cannot by themselves j...