POCSO Act will apply even if girl has attained puberty and become major under Muslim personal law: Delhi High Court

The Delhi High Court on Wednesday rejected the argument by a Muslim man that he cannot be charged under the POCSO Act because the girl with whom he allegedly established sexual relations, had attained puberty and was, therefore, a major according to Muslim Personal Law..Justice Jasmeet Singh held that the POCSO Act is not customary law specific and has been introduced with the aim to protect children from sexual abuse.The object of the Act is to secure the tender age of children and ensure they are not abused and their childhood and youth is protected against exploitation, the court noted.“For the reasons above, I reject the contention of the petitioner that according to Muslim law since the victim has attained the age of puberty the rigours of POCSO Act will not be applicable,” Justice Singh held..The Court was dealing with a petition seeking quashing of a First Information Report (FIR) registered under Section 376 (rape), 377 (unnatural offences), 506 (criminal intimidation) and 406 (criminal breach of trust) of Indian Penal Code (IPC) read with Section 6 of the POCSO Act.It was stated that the accused had visited the girl’s house and requested her parents for marriage. The parents agreed on the condition that the marriage will take place only after the girl clear her class XII exams.Several gifts were also handed over to the man by the girl’s family along with a sum of ₹10 lakh. The FIR alleged that the man had established sexual relations with a girl aged 16 years and five months but later refused to marry her..After hearing the counsel, the Court refused to quash the FIR and dismissed the petition..Advocates Nasir Ahmed, Mohammad Muzahir Husain and Zakir Hussain appeared for the petitioner.Additional Standing Counsel (ASC) represented the State.Complainant was represented through advocate BL Yadav..Recently, the Punjab and Haryana High Court had held that as per Muslim personal law, a Muslim girl over the age of 15 years is competent to enter into a contract of marriage with the person of her choice. That order was passed while hearing a petition seeking protection of life and liberty by a Muslim couple who fell in love and married each other as per Muslim rites and ceremonies.“The law, as laid down in various judgments cited above, is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, the petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice,” the Punjab and Haryana High Court had held..[Read Order]