<p>The High Court of Karnataka has said that while laudable object of Protection of Children from Sexual Offences Act, 2012 (Pocso) cannot be forgotten, it would not mean that the Act is meant to punish young children who fall in love and commit acts that would become punishable.</p>.<p>Justice M Nagaprasanna observed this while quashing the proceedings initiated against a boy who was 16 years at the time of the incident in 2021.</p>.<p>“..a caveat, this court is not painting every incidence of sexual activity of any kind that would become an offence under the Pocso Act, with the same brush, but there are cases of the kind, like the one at hand, where the adolescents have indulged in such acts due to lack of knowledge of consequence of law,” Justice Nagaprasanna said.</p>.<p>The petition was filed by the accused seeking annulment of proceedings against him. The victim and the accused were classmates, friends and infatuated with each other. In November 2021, they travelled to Chikkamagaluru and upon receiving the complaint the police arrested the petitioner.</p>.<p>When the investigation was underway, the family members of both the children settled the issue among themselves. In the petition filed by the boy, the family members have attached a memorandum of settlement seeking to settle the issue notwithstanding the fact that there are offences punishable under IPC Section 376 or under the Pocso Act.</p>.<p>Citing judgements by the apex court on this issue, Justice Nagaprasanna said that a romantic love between a boy and a girl of the age of adolescence sometimes arising out of infatuations result in the boy embroiling himself into the vortex of the provisions of the Pocso Act.</p>
<p>The High Court of Karnataka has said that while laudable object of Protection of Children from Sexual Offences Act, 2012 (Pocso) cannot be forgotten, it would not mean that the Act is meant to punish young children who fall in love and commit acts that would become punishable.</p>.<p>Justice M Nagaprasanna observed this while quashing the proceedings initiated against a boy who was 16 years at the time of the incident in 2021.</p>.<p>“..a caveat, this court is not painting every incidence of sexual activity of any kind that would become an offence under the Pocso Act, with the same brush, but there are cases of the kind, like the one at hand, where the adolescents have indulged in such acts due to lack of knowledge of consequence of law,” Justice Nagaprasanna said.</p>.<p>The petition was filed by the accused seeking annulment of proceedings against him. The victim and the accused were classmates, friends and infatuated with each other. In November 2021, they travelled to Chikkamagaluru and upon receiving the complaint the police arrested the petitioner.</p>.<p>When the investigation was underway, the family members of both the children settled the issue among themselves. In the petition filed by the boy, the family members have attached a memorandum of settlement seeking to settle the issue notwithstanding the fact that there are offences punishable under IPC Section 376 or under the Pocso Act.</p>.<p>Citing judgements by the apex court on this issue, Justice Nagaprasanna said that a romantic love between a boy and a girl of the age of adolescence sometimes arising out of infatuations result in the boy embroiling himself into the vortex of the provisions of the Pocso Act.</p>
