The Court made these observations while considering a Criminal Revision Case filed by the mother of a minor petitioner seeking to set aside the order of detention rendered by the Juvenile Justice Board.
The JJ Board had ordered the boy to undergo three years detention for offences punishable under Sections 5(j)(ii) (penetrative sexual assault) read with Section 6 (aggravated penetrative sexual assault) of Prevention of Children from Sexual Offences (POCSO) Act, 2012, merely observing that the child had confessed.
When the petitioner was 15 years old, he developed an intimate relationship with a 17-year-old girl which led to quarrels between the girl and her mother.
The petitioner allegedly went to the house of the girl and had penetrative sex with her on the premise that her mother would not be able to object to them getting married since they already had sex.
The girl became pregnant in August 2019 but the boy questioned the paternity of the child.
Subsequently, the girl and her mother lodged a complaint with the police leading to the detention order of the JJ Board.
Source: Barandbench
