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Marriage Cannot Erase Sexual Assault of Minor: Delhi HC Refuses to Cancel FIR
Sentiment: NeutralHigh Priority
What Happened?
The Delhi High Court has upheld a sexual assault case against a man who married a minor girl, stating that her desire to live with him does not negate his legal responsibility. The court emphasized the importance of the Protection of Children from Sexual Offences (POCSO) Act.
Key points
- The court ruled that marriage does not eliminate the legal protection provided to minors under the POCSO Act.
- Justice Sanjeev Narula stated that consent to sexual activity has no legal validity for those under 18.
- The case involves allegations of kidnapping and sexual assault from 2023.
- The girl's mother filed a complaint after the girl went missing in February 2023.
- The court noted that the girl was about 14 years and 10 months old when she left home.
Key insights
- The ruling may influence future cases involving minors and consent.
- It highlights the judiciary's commitment to upholding child protection laws.
- The case underscores the complexities of legal and personal relationships in such situations.
Why it matters
This ruling reinforces the legal protections for minors against sexual exploitation, regardless of personal circumstances.
Source
India Today
