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Karnataka High Court Quashes POCSO Act Case Against Youth After Marriage to Victim

The Karnataka High Court has quashed a case filed under the Protection of Children from Sexual Offences (POCSO) Act against a young man after he married the victim. The court’s decision was influenced by the fact that the victim, now an adult, expressed her desire to marry the accused and submitted an affidavit to this effect.

Background of the Case

In 2019, the father of a 17-year-old girl reported her missing, leading to an investigation that found her with the accused. Despite their claims of a consensual relationship, the accused was charged under the POCSO Act due to the victim’s minor status. He was subsequently imprisoned but was released on bail in November 2020. The couple married soon after his release.

Court’s Ruling

Justice Hemant Chandangoudar of the Karnataka High Court presided over the case. The court considered the victim’s affidavit, which stated that she was in a romantic relationship with the accused and intended to marry him. She asserted that the relationship was consensual, and the continuation of the criminal proceedings would cause undue hardship to both parties.

The court noted that the victim had turned hostile during her cross-examination in the trial, which weakened the prosecution’s case. The judge emphasized that continuing the trial would be an abuse of the legal process, especially since the victim, now an adult, wished to live with the accused as her husband.

Conditions Imposed by the Court

The High Court’s decision to quash the case came with the condition that the accused must solemnize his marriage to the victim within one month. This condition was imposed to ensure the welfare of the victim and to uphold the consensual nature of their relationship. The court directed that the marriage should be registered with the competent authority to formalize the union.

Broader Implications

This ruling by the Karnataka High Court underscores the importance of judicial discretion in cases involving minors and consensual relationships. It reflects a nuanced understanding of the complexities involved in such situations and emphasizes the need for the legal system to adapt to evolving social dynamics. The decision is seen as a move towards balancing the protection of minors with the recognition of consensual relationships, thereby preventing undue hardship to individuals involved in such cases.

The quashing of the POCSO case against the youth marks a significant precedent in the judicial handling of similar cases, highlighting the importance of context and the wishes of the involved parties in legal proceedings.

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