Marriage no shield against POCSO: Sex with minor wife is a criminal offence, rules Kerala HC
- On Monday, the Kerala High Court ruled that sexual intercourse with a minor wife under 18 years of age is a punishable offense under the POCSO Act, regardless of marriage under Muslim religious laws.
- A 27-year-old man petitioned to quash criminal proceedings, claiming his marriage under Islamic rites to a 17-year-old girl on July 23, 2021, granted immunity under Muslim personal law recognizing puberty as marriage age.
- Citing the Supreme Court's 2017 ruling in Independent Thought v. Union of India, Justice Jobin Sebastian dismissed the plea, noting that 'sexual intercourse with a girl below eighteen years of age attracts the offences under the POCSO Act' regardless of marital status.
- The court confirmed the POCSO Act maintains overriding effect over other laws in cases involving minors, ruling 'the provisions of the POCSO Act apply if one of the parties to the marriage is a minor, irrespective of the validity or otherwise of the marriage under personal law.'
- Because no documentary evidence of solemnization was produced, judges stated the validity of the petitioner's alleged marriage can be determined only after a full trial.
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<p style="text-align: justify;"><span style="background-color: #fbeeb8; color: #000000;"><em><strong>Warning: (Before reading this news, we warn you that it mentions sexual abuse of children. The Kerala High Court has upheld the conviction of a 61-year-old man under the POCSO Act.)</strong></em></span></p> <p style="text-align: justify;">The Kerala High Court has stated in its order that kissing a child's private parts will be considered <strong…
Marriage under Muslim Personal Law no shield against POCSO: Kerala HC refuses to quash case Involving 17-year-old wife
The Kerala High Court has held that even if a marriage with a minor girl is assumed to be valid under Muslim personal law, it cannot override the Protection of Children from Sexual Offences Act, 2012. The ruling came in a petition filed by the first accused in Crime No. 461 of 2022 of Mannarkkad Police Station. He sought quashing of proceedings for offences including kidnapping, repeated rape and aggravated penetrative sexual assault under the I…
Kissing Child's Pen*s Constitutes Penetrative S*xual Assault: Kerala High Court | 📰 LatestLY
The Kerala High Court ruled that kissing a child's pen*s with s*xual intent constitutes penetrative s*xual assault under Section 3(d) of the POCSO Act, clarifying that deep oral penetration is not required. The court upheld a 61-year-old man's 20-year prison sentence. Scroll below to know more about the case. 📰 Kissing Child's Pen*s Constitutes Penetrative S*xual Assault: Kerala High Court.
POCSO applies to marriage with minor under Muslim law: HC
The Kerala High Court has dismissed a petition seeking to quash criminal proceedings against a man accused of repeatedly raping a 17-year-old girl. The court ruled that even if a marriage was solemnised under Muslim religious rites, it would not protect the accused from criminal liability under the POCSO Act, reinforcing that the Act applies when one party is a minor, irrespective of personal law.
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