Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
Live LawThe Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. 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. 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. 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.