Single Bench of Rajasthan High Court principal Bench Jodhpur comprising Justice Dinesh Mehta, in an important decision quashed an FIR registered against a 22 years old man who had a relationship with a sixteen-year-old girl, and because of this, a child was born. The FIR was lodged for rape under the provisions of the POCSO Act.

Rajasthan High Court in its decision said that the court is neither in favour of a sexual relationship with a minor nor does it allow anyone to do so, but it is a bitter truth that love does not take into account any legal to social rule.

Uncontrollable emotions in a relationship went so far as a child was born and one of the partners is minor. Justice Mehta said that the court cannot remain a mute spectator and if the case proceeds further, the petitioner may be sentenced to ten years.

This will have a direct impact on both the families as well as on the child born after the love affair. In view of all these, the FIR lodged against the petitioner/accused is quashed. It was noted by the High Court that the minor girl alleged to have been raped delivered a baby boy in August this year.

Case details:-

Tarun Vaishnav v. State of Rajasthan and Another

Citation: S.B. Criminal Misc (Pet.) No. 6323 of 2022