A minor girl was allegedly raped by her friend she had met on Instagram on Wednesday, the police said.
According to the police, the survivor and the accused, both minors, met and went to the accused’s friend’s place in southwest Delhi’s Sagar Pur, where they were physically intimate. However, taking cognisance of the law, the police told The Hindu that minors cannot consent to having sex.
“The FIR states that the victim and the alleged went to the room of the accused’s friend and they had chole bhature as said by victim, and she was sexually assaulted,” said DCP (south west) Rohit Meena.
The minor girl then left the spot and boarded a metro rail for her coaching classes in Janakpuri.
The girl lost her consciousness and was found by the CISF officers at the Dabri metro station, added the DCP.
Another officer told The Hindu that the survivor was carrying her mother’s cell phone where she was constantly receiving calls from her family. “One of the CISF officers received her father’s call and informed them that she was found unconscious and that she was bleeding.
“The family arrived and then took her to a hospital in Palam where her medical check up was done,” said the officer.
Speaking to The Hindu, the officer said that the consent of the minor in case of a physical relationship with another minor or adult is immaterial. “The consent of the minor victim before and while being physically intimate with the other minor who has been accused is not recognised legally,” added the officer.
When The Hindu reached out to advocate Ashish Haq, who specialises in cases related to POCSO, he said that the Indian Penal Code’s section 376 states that the consent of a minor in cases of sexual relationships, is immaterial. “In cases where the victim is between the age group of 16-18 and is married, the act can be condoned, but in all other cases minors can not consent to having sex and the other person will be booked under 376 IPC and sections of the POCSO,” added Mr. Haq.
He added that there are many such POCSO cases which are elopement cases, and the law doesn’t take cognisance of the female minor who wishes to live with the partner. “In these cases, the minors are sent back to their families, which in turn sue the minor or adult man,” said Mr. Haq.
However, in cases such as these according to the legal practitioner, the lawmakers will take into consideration the multiple statements made to various authorities by the victim, he added.
Taking cognisance of the matter, an FIR has been lodged and the accused who has been apprehended, has been booked under sections 328 (causing harm with the intent of poisoning), 376 (sexual assault) of the Indian Penal Code and section 4 of POCSO (penetrative sexual assault), the DCP said.