Mumbai POCSO Court Upholds Trial in Minor Dating App Sexual Assault Case
In a significant ruling, a special Protection of Children from Sexual Offences (POCSO) court in Mumbai has firmly rejected the discharge applications of two city men accused of sexually assaulting a 16-year-old boy in 2018. The court emphasized that a minor's self-representation as an adult on a dating application does not absolve the accused of criminal liability under the law.
Court's Firm Stance on Minor Consent
Special Judge Sonali B Rathod delivered the judgment on Monday, stating clearly that the victim's portrayal as a major on the dating platform and his voluntary contact with adult members cannot serve as grounds for discharge. "Since the victim boy is a minor and his consent is immaterial, the criminal liability of the accused in the given circumstances would be determined during the trial. But at this stage, it cannot be said that there is no material against the accused," the court declared.
The judge further noted that the chargesheet contains specific allegations of sexual activities against the accused. "Prima facie, the victim is a minor boy and there are specific allegations of sexual activities with him against the accused. In my view, this much material is sufficient to frame the charge against the accused," Judge Rathod asserted.
Detailed Case Background and Allegations
The case involves eight accused individuals, with the two whose discharge pleas were rejected being part of this group. According to prosecution details presented in court:
- The 16-year-old victim joined the dating app in 2017, falsely claiming to be an adult
- He engaged in sexually explicit chats and photo exchanges with men on the platform
- He would subsequently arrange meetings with these individuals at designated locations
- One of the accused allegedly received money from the boy through transactions made using his father's credit card
The incident came to light on May 17, 2018, when the boy's mother woke up in the middle of the night and discovered a 20-year-old man sneaking out of their 3BHK apartment. After questioning both her son and the man, she grew suspicious and examined her son's phone, discovering the dating app and explicit conversations.
Family Dynamics and Investigation Details
The victim comes from a divorced family, living with his mother and a younger sibling while his father resides nearby. In February 2018, the boy had confided in his mother about being sexually attracted only to boys, following which she took him for medical counseling.
Investigators identified the accused through the victim's phone records and app data, even though they were not initially named in the police report. The prosecution presented statements from both the boy and his mother as part of the chargesheet evidence.
Legal Arguments and Prosecution's Position
Special Public Prosecutor Veena Shelar strongly opposed the discharge applications, arguing that the gravity of the offense and specific evidence presented necessitate a full trial. The prosecution highlighted that the victim had explicitly identified the accused and provided detailed allegations of oral sex, with initial contact established through the dating application.
"Given these specific allegations and the identified connection between the parties, there is sufficient material to proceed with the framing of charges," the prosecution contended. The accused had claimed false implication in their defense, but the court found the prosecution's arguments compelling enough to warrant trial proceedings.
The case now moves forward with the framing of charges against the accused, setting an important precedent regarding minor protection in digital dating environments and establishing that technological platforms cannot shield perpetrators from legal accountability when minors are involved.
