
The Supreme Court quashed a POCSO case against a man, holding that consensual sex on a promise of marriage does not amount to rape in the absence of intent to deceive.
The bench of Justices Sudhanshu Dhulia and Aravind Kumar noted the FIR was lodged three years after the prosecutrix turned major and lacked forensic evidence.
Relying on Prithivirajan v. State (2025), the Court observed the relationship was consensual. It also held that delayed allegations under POCSO, without supporting medical proof, are questionable.
The Court concluded the appellant had no intent to deceive and quashed the FIR accordingly.
[Kunal Chatterjee V The State Of West Bengal & Ors.]
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