A 21 years old boy is accused of child abuse happened 14/16years ago.
07-Sep-2023 (In Criminal Law)
Two girls (22&25 years old) accused a boy of 21 years old of abusing them when they were b/w 6-8 & 9-11 years of age respectively & the boy himself was b/w 5 to 7 years of age(not sure about the age & no proof is there).
Now, the boy is saying that he really can't remember his exact age when it happened but he can remember those dark things that happened, he was not aware of those things at all, was innocent & he got involved in this by assuming that some kind of secret game because a cousin brother (was 14-16 years old) of his influenced, groomed him like that; showed porn movies, asked to suck his dick, told him to guard when he & his cousin sister (who is 25 years old now & accusing) were doing sex, because of that he also acted accordingly but he can't remember exactly about any intercourse because he thinks, he was not physically that much developed to do that & he is very guilty for his past mistakes & he thinks he got abused.
Sir/mam,
what could maximum happen in this case?
the case is squarely covered by the general exceptions under the Indian penal code 1860. since the boy was at the material point of time below 7 years or even in other case below 12 years and it is quite natural that his mind was not developed enough legally to understand the consequences of his action it would be presumed that he had no guilty mind. since the mens rea is absent therefore it is not a crime at the first place and no penal provision is attracted in this case.
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