Rajasthan Court Questions 'Romeo Juliet' Case Prosecutions

The Rajasthan High Court has raised concerns regarding a recent surge in prosecutions of 'Romeo and Juliet' cases. These typically involve consensual relationships between adolescents, often elopements, where no allegations of force, coercion, or exploitation exist. The court observed that the current legal framework appears inadequate in differentiating between predatory sexual exploitation and consensual adolescent relationships, particularly when one partner is under the age of 18.

Hearing a petition to quash an FIR, a single bench noted the absence of sexual activity allegations and the voluntary nature of the girl's departure with the petitioner. The court found that the material on record indicated the girl left on her own accord and raised no complaints. The petitioner, aged approximately 19, and the girl, around 17, reportedly attended the same school.

The bench expressed serious dismay over the procedural trajectory, specifically the invocation of aggravated penetrative sexual assault provisions under the POCSO Act, which carries a severe minimum sentence. It held that such grave charges require substantial supporting material, which was absent, as the girl's statements explicitly denied sexual intercourse. The court highlighted that medical examinations also revealed no evidence of sexual assault.

Given these circumstances, the court found it inexplicable how the investigating agency proceeded with a chargesheet invoking stringent POCSO Act offenses. Concluding that continuing the proceedings would constitute an abuse of the process of law, the High Court ordered the quashing of the FIR and all subsequent legal actions.