Consensual Adolescent Relationship Not Automatic POCSO Offence: Madras HC

Consensual Adolescent Relationship Not Automatic POCSO Offence: Madras HC

In Mahesh v. State, the Madras High Court, through Justice N. Mala, set aside a conviction under the Protection of Children from Sexual Offences Act, 2012 and Section 366 IPC arising from an alleged adolescent relationship. The Court held that proof of the victim’s age is a foundational requirement in POCSO prosecutions. The trial court had relied on photocopies of age-related documents despite availability of originals, violating principles of primary evidence. Due to failure to legally establish minority, the conviction was held unsustainable. While reiterating that consent of a minor is legally irrelevant under POCSO, the Court observed that many cases stem from consensual adolescent relationships later criminalised due to social pressure. The appeal was allowed, conviction quashed, and the State directed to implement awareness programmes under Section 43 of the POCSO Act to prevent misuse and promote legal awareness.