Mumbai: Observing that a minor’s self-representation as an adult on a dating app does not absolve an accused of criminal liability, a special Pocso court rejected the discharge pleas of two city men booked in 2018 for sexually assaulting a 16-year-old boy. The men argued that the boy had portrayed himself as a major on the dating app and had contacted adult members of his own accord, but special judge Sonali B Rathod held that this could not be grounds for discharge. “Since the victim boy is 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,” said the court on Monday. Eight accused are named in the case. One of the suspects also allegedly took money from the boy. The statements of the boy and his mother are part of the chargesheet.
The boy’s parents are divorced. He lives with his mother and a younger sibling in a 3BHK flat, while his father resides in the vicinity. He said in Class 10, his mother gave him a separate room to study near the flat’s main door. He said he joined the dating app in 2017 claiming he was an adult. He said after chatting and exchanging sexually explicit photos with men on the app, he used to meet them at designated spots. On May 17, 2018, the mother woke up in the middle of the night and caught a 20-year-old man sneaking out of the flat. She questioned both the man and her son; the boy told her he was a friend. Suspecting that something was amiss, she took his phone and saw the app and the sexually explicit chats. The FIR was lodged that June. The accused claimed they were falsely implicated. Special public prosecutor Veena Shelar opposed their discharge applications, arguing that the gravity of the offence and the specific evidence presented necessitate a trial. The prosecution said the boy explicitly identified the accused and provided a detailed allegation of oral sex, noting that the initial contact occurred via the dating app. Given these specific allegations and the identified connection between the parties, the prosecution said there is sufficient material to proceed with the framing of charges. The judge noted that at this stage, it cannot be said there is no material against the accused as the chargesheet contains specific allegations of sexual activities. While the accused were not named in the initial police report, investigators identified them through the victim’s phone records and app data. “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,” said the judge. The boy said in Feb 2018, he confided in his mother that was sexually attracted to only boys. At this, he said, his mother took him to a doctor for counselling. He also said he had borrowed money from his father under the pretext of helping out a friend and transferred sums to one of the accused through his father’s credit card.
