The bench observed that converting an entitlement to participate in proceedings into an obligation to participate in proceedings may put the victims, families to further sufferance and hardship.
The Court noted that because of POCSO Act, a boy aged 20 years could be held guilty of rape for having consensual sex with a girl aged 17 years 364 days, and that such cases were overburdening the justice system.
After noting that the 19-year-old accused and the minor girl had stayed together out of friendship, the Court concluded that it would not be in the interest of justice to continue the case.
“In our society girl child education is still not completely supported by the family and when such type of incidents is committed, the parents gets apprehensive in sending daughters to school” the judge recorded.