Karnataka High Court Cancels POCSO, Rape Charges After Victim And Accused Marry

A 23-year-old man was charged with rape under the Indian Penal Code and with sexual offences against children under the Protection of Children from Sexual Offenses (POCSO) Act. The Karnataka High Court dismissed the accusations against him (IPC). While the case was pending in a Sessions Court, the 17-year-old victim had married him after turning 18 and the couple had a child.

According to the High Court, given the circumstances, the prosecution “barely proves the guilt against the petitioner.””The blade of crime would have ripped the soul of the accused if the victim were to become hostile during a trial at a later date and the petitioner were to be cleared of all charges. It is the procedure in the criminal justice system that causes such agony, not the outcome, whether it is terrible or not “the judge observed.

The High Court declared that it was acceptable to accept the parties’ settlement and end the proceedings, despite the prosecution’s opposition.

In a recent ruling, Justice M. Nagaprasanna stated, “In the teeth of these facts, blatant enough as they are, if the Court would shut its doors to the couple who are married and raising the child, the entire proceedings would end in a miscarriage of justice.”

In March 2019, the victim’s father reported his daughter, who was underage, missing. The accused was discovered with the girl. They both insisted they had acted mutually. However, the accused was charged under the POCSO even though the girl was just 17 years old. He spent 18 months in jail before being given bail.

In November 2020, following his release, the couple was hitched. They had a female child a year later. After the victim and the accused were married, various Constitutional Courts ended their investigations into the accused over the course of the trial, the High Court stated in its ruling.

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