Conflict between POCSO Act and Muslim Law? Delhi court allows man to elope with minor

A Delhi court last week acquitted a man accused of eloping with a minor, noting a discrepancy between Muslim Law and provisions of the Prevention of Children from Sexual Offences (POCSO) Act..As reported by Indian Express, after an 18-year-old man eloped with a 15-year-old girl, an FIR was filed against the former based on a complaint by the girl’s mother. The accused faced charges of rape and kidnapping and violations of the POCSO Act..However, Additional Sessions Judge of North-West Delhi Vinod Yadav ended up acquitting the accused, stating that while the minor was not capable of giving consent to marriage, her personal laws allow her to get married at that age..The judge held,.“Therefore, a clear conflict is apparent between the Muslim Personal Law and the provisions of the Act with regard to the marriage of a Muslim girl. The Act treats her as a child not capable of giving consent for her marriage and consummation thereof whereas her personal law clearly authorises her to go ahead and get married at that age. The Parliament probably did not foresee the aforesaid issue.”.Holding that no case of sexual assault under the POCSO Act could be made out, Yadav said,.“If, everything had happened with the sweet will of the prosecutrix then can the accused be held guilty of committing sexual assault upon her in the teeth of the admission made by the prosecutrix as well as the accused?”.Moreover, the judge also acquitted the accused of the charges of kidnapping..“In the present case also, the element of ‘taking away’ or ‘enticement’ is found to be lacking. In view of the material on record, it appears that prosecutrix was willing and consenting party and it seems that everything had happened with her sweet will. In these circumstances, the factum of kidnapping of prosecutrix does not stand proved…”