Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

A single judge bench of Justice M Nagaprasanna quashed the proceedings initiated under sections 376(2)(n), 506 of IPC and Sections 5(L), 5(J)(II), 6 of Protection of Children from Sexual Offences Act, 2012 against the accused.

It said “This Court has permitted the accused/petitioner to marry the victim on grant of interim bail. After marriage, the petitioner is back to the goal. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of the mother and the child, who will have to face ignominy at the hands of the society.”

As per the complaint filed by the mother of the victim, it was alleged that her daughter and the petitioner were in love with each other while studying at Shree Kanteshwara School and it was her further case that the petitioner and her daughter used to meet often and on 15-02-2023, he went to the school in a bike, took the complainant's daughter to an isolated place and committed sexual assault on her.

She was then 16 years and 9 months old and the police conducted an investigation and filed a charge sheet against the accused who has been in judicial custody since. The parties were seeking closure of these proceedings on account of the desire of the petitioner to get married to the victim so that the victim and her child are not left in a lurch.

The bench noted that pursuant to the order, the petitioner was released on grant of interim bail. The marriage of the petitioner with the victim was solemnised on 21-06-2024 and registered before the Marriage Officer and the petitioner-accused has returned to prison.

The court held, “Owing to peculiar facts of the case of the petitioner and the victim getting married and the child born from the alleged act. The newborn would not be aware of the happenings narrated hereinabove. If the issue is not compounded and the petitioner is released, the mother and the child would be left in the lurch and their fate in dire straits.”

Noting that the victim would turn hostile and the conviction of the accused would be bleak, it said, “This Court cannot shut its eyes to ground realities and permit the process in the criminal trial to conclude, as it is the process that generates agony till the end, which will completely mask the happiness of acquittal.”

Appearance: Advocate Rohit S V For Advocate M Sharass Chandra for petitioner.

HCGP Thejesh P for Respondent.

Citation No: 2024 LiveLaw (Kar) 327

Case No: CRL.P 4658/2024