Without Documents, Can't Assume Class 12 Rape Survivor Minor: High Court
NDTV
Responding to the query, the prosecutor submitted since the survivor was in 12th standard at the time of the incident, it was presumed that she must be a minor.
It is preposterous to presume that an alleged rape survivor studying in class 12 will be a minor in the absence of any document on record, the Delhi High Court has said.
During the hearing of a petition seeking quashing of a rape case on the basis of a compromise between the parties, Justice Rajnish Bhatnagar asked the prosecutor representing the state as to how the Section 6 of POCSO Act has been invoked in the matter.
Responding to the query, the prosecutor submitted since the survivor was in 12th standard at the time of the incident, it was presumed that she must be a minor and therefore, Section 6 of the Protection Of Children from Sexual Offences (POCSO) Act has been invoked.
Dubbing the submissions made by the prosecutor "highly preposterous", the court said,"Without any document on record, how can one presuppose that victim is a minor, even a major girl can be in 12th standard." The prosecutor sought time to file a status report in the court which issued notice on the petition and listed it for further hearing on March 7.
