SHRI MANINDRANATH JOYDHAR Vs. STATE

JUDGEMENT

(1.) The accusation is like this. Priya Mondal was a minor at the material point of time. She was ostensibly married off to Manoj Bairagi who lived at R.K.Pur Katai, Hut Bay. Manoj, his parents Khokan and Malati along with the relatives of the girl Manindernath Joydhar and others were charged under various sections of the Protection of Children from Sexual Offences Act, 2012, Prohibition of Child Marriage Act, 2006 read with Indian Penal Code, for committing or aiding an unlawful marriage and culpable sexual activity.

(2.) Mrs.Anjili Nag cites sections 5 and 6 of the Protection of Children from Sexual Offences Act, 201 She argues that this relates to the offence of aggravated penetrative sexual assault and the punishment for committing this offence. According to learned counsel, this offence can only be committed by certain categories of persons described in subsections 5 (a), (b), (c), (d), (e) and (f), that is to say by a police officer or a member of the armed forces or a public servant or someone in-charge of a jail, hospital etc. It did not apply to the petitioner No.6, Manoj to whom the victim girl was allegedly married off.

(3.) Ms.Zinu for the State pointed out the latter sub-sections, namely (l) and (m) which are to the following effect:-