High Court suggests exclusion of consensual sex after 16 years

Agencies
April 27, 2019

Chennai, Apr 27: Observing that relationship between a girl under 18 years of age and a teenage boy or little over the teenage years cannot be construed as "alien" or "unnatural", the Madras High Court suggested exclusion of consensual sex after 16 years of age from the purview of POCSO Act.

Justice V Pathiban gave the suggestion on Friday during the hearing of a petition by Sabari who challenged his conviction and 10-year sentence by a Mahila court in Namakkal under the Protection of Children from Sexual Offences (POCSO) Act.

The petitioner was accused of kidnapping and sexually assaulting a 17-year old girl.

Suggesting amendments to the Act, the judge said, "Any consensual sex after the age of 16 or bodily contact or allied acts can be excluded from the rigorous provisions of the POCSO Act and such sexual assault, if it is so defined can be tried under more liberal provision, which can be introduced in the Act itself..."

"The Act can be amended to the effect that the age of the offender ought not to be more than five years or so than the consensual victim girl of 16 years or more. So that the impressionable age of the victim girl cannot be taken advantage of by a person who is much older and crossed the age of presumable infatuation or innocence," he said.

Justice Pathiban also directed the State Commission for Protection of Child Rights (SCPCRs), Commissioner of Social Defense, Department of Social Welfare and Noon Meal Programme to place the matter before competent authority and take steps to explore whether the suggestions are acceptable to all stakeholders.

Perusing various reports of the DGP, SCPCRs among others, he said though under Section 2(d) of the Act, 'child' is defined as a person below 18 years of age and in case of any love affair between a girl and a boy, where the girl happens to be 16 or 17 years old, the relationship invariably assumes penal character by subjecting the boy to the rigours of the law.

Once the age of the girl is established in such relationship as below 18 years, the boy involved in the relationship is sure to be sentenced 7 or 10 years as minimum imprisonment, as the case may be, he noted.

"... Such a relationship cannot be construed as an unnatural one or alien to between relationship of opposite sexes," the judge added.

Earlier, the judge acquitted the accused of all charges and set aside the conviction of the trial court.

He found fault with the lower court for completely misdirecting itself by raising unwarranted presumption without any basis in favour of the prosecution.

The court also expressed concern over the growing incidence of offences under the POCSO Act on one side and the rigorous imprisonment envisaged in it.

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News Network
April 24,2024

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Ambikapur (Chhattisgarh): Prime Minister Narendra Modi on Wednesday hit out at the Congress, saying the 'vote bank hungry' party wanted to implement reservation on the basis of religion.

Addressing a poll rally in Ambikapur, the headquarters of Surguja district in Chhattisgarh, PM Modi also said the Congress wanted to impose inheritance tax in the country and snatch the rights of people's children.

Some forces want a "weak" government of the Congress and "I.N.D.I." alliance in the country as they thought that if India becomes 'atmanirbhar' (self-reliant), their shops will be shut, he said.

"Today when I have come to Surguja, I want to present the Muslim League thinking of the Congress in front of the country. When their manifesto was released, on the same day I had said, and saying today also that the Congress manifesto has the imprint of Muslim League," Modi said.

When the Constitution was being drafted, it was decided under the leadership of Babasaheb Ambedkar that there would be no reservation on the basis of religion in India, he said.

"If there will be reservation then it will be for by Dalit brothers and sisters and tribal brothers and sisters," he said.

"But the vote bank hungry Congress never cared about the words of the great personalities, sanctity of the Constitution and the words of Babasaheb Ambedkar. Years ago, the Congress made an attempt to implement reservation on the basis of religion in Andhra Pradesh. Then Congress has planned to implement it in the entire country," Modi said.

They talked about implementing 15 per cent reservation on the basis of religion and said it will be done after curtailing the quota of the Scheduled Castes, Scheduled Tribes and Other Backward Classes, he added.

In its 2009 manifesto, Congress's intention was the same and in the 2014 manifesto, it clearly said it will not leave this issue, the prime minister said.

The Congress wanted to change the Constitution and hand over rights of the SCs, STs and OBCs to its vote bank, he said.

The intention of the Congress is not good, it is not according to the Constitution, social justice and secularism. If anyone can protect your reservation, it is the BJP, Modi said.

"The Congress's eyes are not only on your reservation, but also on your earnings, your houses, shops and farms. The 'shehzada' of Congress (apparently referring to Rahul Gandhi) says they will conduct an X-ray of the property of every house and every family in the country. The Congress will snatch all these from you and they say that they will equally distribute them," he said.

Do you know to whom they will distribute it after 'looting' it from you? Modi asked, to which the people replied in affirmative.

"I need not to tell you to whom they will distribute," he added.

Modi further said the 'dangerous intentions' of Congress are coming to forth one by one and now it says it will impose inheritance tax.

"The advisor of shehzada of the shahi parivar, who was also the advisor to the shehzada's father, had said that more tax should be imposed on the middle class and those who earn by toiling hard. Now the Congress says it will impose inheritance tax. It will impose tax on the assets inherited by people from their parents. Now, the panja (Congress poll symbol) will snatch the assets from your children," he said without taking any name.

The Congress' mantra is 'loot of Congress zindagi ke sath bhi, zindagi ke baad bhi', he said.

"They (Congress) want to snatch your assets and rights of your children," Modi added.

The PM also said he had come to seek people's blessings for a developed Chhattisgarh and a developed India.

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News Network
April 26,2024

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Mangaluru/Udupi: The Dakshina Kannada and Udupi-Chikmagalur Lok Sabha constituencies recorded a tentative voter turnout of 77.4% and 76.1% respectively until 6 pm on Friday. In the 2019 polls, Dakshina Kannada recorded 77.9%, while Udupi recorded a 75.8% voter turnout.

The DK Lok Sabha constituency recorded a poll percentage of 71.8% at 5 pm. Among the constituencies, Sullia recorded a maximum of 78.4%, followed by Belthangady at 75.6%, Puttur at 75.2%, Bantwal at 73.7%, Mangalore at 73.5%, Mangalore City North at 69.8%, and Mangalore City South at 61.8%.

Urban apathy continued, with Mangalore City South recording the lowest polling percentage.

Meanwhile, Banjarumale, a remote village in Belthangady taluk, recorded 100% polling with all 111 voters showing up two hours before polling ended at 6pm.

Another interior polling station at Elaneer in the same taluk recorded 82% polling at 4 pm. The booth has 471 voters. The district has a total of 18,18,127 voters, with 9,30,928 females, 8,87,122 men, and 77 transgender individuals.

A good number of people turned out to vote during the early hours. Voters are bearing the scorching sun while stepping out to exercise their franchise as heat wave is sweeping through the state. 

The polling process remained largely peaceful, with long queues observed at polling stations from 7 am onwards in several polling stations. However, technical glitches caused delays at a polling station in Karopady, and at St. Xavier School Bejai, where polling was reportedly delayed by nearly two hours.

Polling staff at a booth near the Mulki police station mistakenly marked the wrong finger with ink during voting. They reportedly applied ink to the index finger of the right hand. According to sources, at least 50 individuals had their index finger of the right hand inked. Deputy Commissioner Mullai Mulihan clarified, "The matter was promptly addressed by the sector office. This error affected 8-9 voters"

A total of 18.18 lakh voters in the Dakshina Kannada Lok Sabha constituency and 15.85 lakh in Udupi-Chikmagalur hold the power to determine the fate of candidates competing for their respective segments. The polling process is currently underway across 1,876 booths in Dakshina Kannada and 1,842 polling stations in the Udupi-Chikmagalur segment.

In Dakshina Kannada, a closely contested battle is anticipated between Captain Brijesh Chowta representing the BJP and Padmaraj R Poojary from the Congress. Meanwhile, in the Udupi-Chikmagalur constituency, Kota Shrinivas Poojary of the BJP and K Jayaprakash Hegde of the Congress are the prominent contenders.

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News Network
May 2,2024

Bengaluru, May 2: Prajwal Revanna, grandson of former Prime Minister Deve Gowda, was issued fresh summons on Thursday by the Special Investigation Team (SIT) which is investigating the case of obscene videos involving the former JD(S) member, several news outlets reported.

The SIT also junked his appeal which sought seven days time to join the probe, as per these reports.

Prajwal and his father, H D Revanna, have sexual harassment and stalking cases filed against them over the matter. Gowda's son, H D Revanna, however, said that what took place '4-5 years ago' is now being turned into a legal case.

JD(S) in its core committee meeting suspended Prajwal from the party till the end of the probe. Prajwal, meanwhile, took to X to state he would join the probe in seven days time, asserting 'truth will prevail'.

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