The Allahabad High Court has stated that in cases involving heinous crimes such as rape and molestation of minors, which are punishable under the Protection of Children from Sexual Offences (POCSO) Act, the prosecution cannot be terminated based on a compromise between the victim and the accused. The Court has further stated that in such cases, the aim of the Court is to establish the truth of the allegations and not to either harass the accused or exonerate them just because their relationship with the complainant has improved.
The accused in a rape case attempted to have the charges quashed by claiming that he had married the minor victim, but the court refused, stating that victims in such cases do not have the freedom to make compromises as in civil cases. The victim had filed a complaint in 2020, accusing the accused of falsely promising to marry her, raping her, and molesting her daughter.
The accused was charged under various sections of the Indian Penal Code and the POCSO Act based on a complaint filed by the victim in 2020, alleging rape, molestation, and false promises of marriage. Both the victim and her minor daughter supported the allegations in their statements. However, in August 2021, the victim and the accused got married according to Hindu customs. As a result, the victim filed an application before the Special Judge stating that she does not wish to pursue the case and that it should be resolved through a compromise.
The accused approached the High Court seeking to have the case against him dismissed based on the victim’s application stating that she did not wish to pursue the case. The accused argued that continuing with the prosecution would be an abuse of the legal process and serve no useful purpose. However, the Court observed that the charges against the accused, including rape and molestation of a minor, were severe and could not be dismissed solely on the basis of a compromise.
The Court stated that rape and offences under Section 7/8 of the Protection of Children from Sexual Offences Act are crimes against society that must be proven in court based on the evidence presented during the trial. The accused may be acquitted if the charges are not proven or convicted if they are. In any case, the Court cannot dismiss the prosecution and quash the proceedings based on a compromise between the parties, as such serious offences cannot be resolved through a private agreement.
The plea to quash the proceedings in the aforementioned case was rejected. In other news, the Bombay High Court dismissed an FIR filed against a 19-year-old male student for the abduction and sexual assault of a minor teenager. The court noted that the accused and the victim were in a consensual relationship and had been living together without the knowledge of the victim’s parents, which was the reason for the complaint being filed. The Court stated that the miscommunication between the parties was the root cause of the issue.
The Delhi High Court, while hearing a case of charges being framed against a man under the POCSO Act despite the victim’s statement under section 164 of the Cr.P.C. stating that the relationship was consensual, expressed its inability to intervene in such cases until there is an amendment in the law. The Court also suggested that it may be desirable to have a different approach towards cases involving teenage relationships.
Source: https://www.livelaw.in/news-updates/allahabad-high-court-rape-molestation-cases-pocso-act-cant-quash-compromise-victim-accused-224387