K’taka HC quashes POCSO, rape charges after victim and accused marry and arrive at compromise


PTI, Aug 24, 2022, 11:10 AM IST

The Karnataka High Court has quashed criminal proceedings against a 23-year-old man facing charges under the Protection of Children from Sexual Offences (POCSO) Act and rape charges under the Indian Penal Code (IPC).

The 17-year-old victim had married him after reaching 18 and the couple even had a child while the case was pending in a Sessions Court.

The HC said the prosecution can “hardly prove the guilt against the petitioner,” under the circumstances.

“If the victim is going to turn hostile in a trial at a later point in time and the petitioner gets acquitted of all the offences, the sword of crime would have torn the soul of the accused. It is not the end result that is painful or otherwise, but the process in the criminal justice system that generates such pain,” the HC observed.

Ignoring the prosecution’s opposition, the HC said it was appropriate to accept the settlement between the parties and terminate the proceedings.

“In the teeth of these facts, glaring enough they are, if the Court would shut its doors to the couple who are married and bringing up the child, the entire proceedings would result in miscarriage of justice,” Justice M Nagaprasanna said in a recent judgment.

The father of the victim had filed a complaint in March 2019 that his minor daughter was missing. The girl was found with the accused. Both claimed they had acted consensually. However, the girl was only 17 years of age and a case under POCSO was filed against the accused. He was granted bail after being in jail for 18 months.

After his release, the couple married in November 2020. A year later they had a girl child.

In its judgment, the HC noted several Constitutional Courts had closed proceedings against accused during the pendency of the trial after the victim and accused get married.

Udayavani is now on Telegram. Click here to join our channel and stay updated with the latest news.

Top News

India Nets: Shami works on lengths with Morkel, Pant recovers after freak hit by Hardik shot

To ban or not to ban? Countries debate regulations on smartphone usage in schools

PM didn’t tell his good friend about country’s outrage over handcuffing Indian deportees: Congress

Maha Kumbh: Akhilesh seeks compensation to kin of devotees killed in accidents

K’taka irrigation issues: CM urges Deve Gowda to come forward to protect state’s interest

Two held in Rs 850 crore ponzi scheme case: Cyberabad Police

Delhi stampede: Opposition blames govt for ‘gross mismanagement’, demands Vaishnaw’s resignation

Related Articles More

“Namma Sante” buzz: From coconut shell art to pure honey delights!

K’taka irrigation issues: CM urges Deve Gowda to come forward to protect state’s interest

Farmer leader Kuruburu Shanthakumar brought to Bengaluru by air ambulance

L.R. Shivarame Gowda and Brijesh Kalappa rejoin Congress

Siddaramaiah is our leader, no need to ‘misuse’ his name: Karnataka Deputy CM Shivakumar

MUST WATCH

25 years old chat shop in Katapadi

Ashok Kumar Rai

Brahma Baidarkala Nemaotsava

Tea & Tales: A 10,000-Book Library Inside a Tea Shop!

Sri Goshala Bangalore

Latest Additions

India Nets: Shami works on lengths with Morkel, Pant recovers after freak hit by Hardik shot

To ban or not to ban? Countries debate regulations on smartphone usage in schools

PM didn’t tell his good friend about country’s outrage over handcuffing Indian deportees: Congress

Maha Kumbh: Akhilesh seeks compensation to kin of devotees killed in accidents

“Namma Sante” buzz: From coconut shell art to pure honey delights!

Thanks for visiting Udayavani

You seem to have an Ad Blocker on.
To continue reading, please turn it off or whitelist Udayavani.