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

In a recent ruling, the Karnataka High Court quashed a Protection of Children from Sexual Offences (POCSO) Act case against a 23-year-old man after he married the victim. This decision was based on the mutual consent of both parties, with the victim, who is now an adult, expressing her intention to marry the accused.

Background of the Case

The case dates back to March 2019, when the father of the then 17-year-old victim reported her missing. The police investigation led to the discovery of the victim with the accused, and despite their claims of a consensual relationship, the accused was charged under the POCSO Act due to the victim’s minor status. He spent 18 months in imprisonment before being released on bail in November 2020, after which the couple married oai_citation:1,HC quashes POCSO case after victim and accused marry and arrive at compromise | Bengaluru – Hindustan Times oai_citation:2,HC quashes POCSO, rape case after victim, accused agree to marry; fixes one month deadline.

Court’s Decision

The High Court, presided over by Justice Hemant Chandangoudar, considered the victim’s affidavit in which she declared her wish to marry the accused and stated that the relationship was consensual. The court acknowledged that continuing the criminal proceedings would cause more harm than good, particularly to the victim, who had expressed a clear intention to live with the accused as her husband oai_citation:3,HC quashes POCSO, rape case after victim, accused agree to marry; fixes one month deadline.

Justice Chandangoudar noted that the victim had turned hostile during the trial and did not support the prosecution’s case, making it unlikely that the charges could be proven. The court emphasized that forcing the continuation of the trial would be an abuse of the legal process and detrimental to the parties involved oai_citation:4,Karnataka HC quashes POCSO, rape case after victim and accused agree to marry | Bengaluru – Hindustan Times oai_citation:5,K’taka HC quashes POCSO case, upholds marriage of accused, victim-Telangana Today.

Conditions and Implications

The High Court’s order to quash the proceedings came with the condition that the accused must marry the victim within one month. This decision was seen as a measure to ensure the welfare of the victim and uphold the consensual nature of their relationship. The court’s ruling highlights a critical intersection of legal principles, social norms, and individual rights, aiming to balance the protection of minors with the realities of consensual relationships that might otherwise fall foul of stringent legal provisions oai_citation:6,HC quashes POCSO, rape case after victim, accused agree to marry; fixes one month deadline.

Broader Impact

This ruling is significant as it addresses the complexities involved in cases under the POCSO Act where the parties involved claim consensual relationships. It underscores the importance of judicial discretion in cases where strict legal enforcement might lead to undue hardship and social consequences for the individuals involved. The decision also reflects a sensitivity to the changing dynamics of relationships and the need for the legal system to adapt accordingly.

The Karnataka High Court’s decision to quash the POCSO case against the youth, contingent on his marriage to the victim, sets a precedent for similar cases, potentially influencing future judicial interpretations and legal reforms in the context of consensual relationships involving minors oai_citation:7,K’taka HC quashes POCSO case, upholds marriage of accused, victim-Telangana Today oai_citation:8,Karnataka HC quashes POCSO, rape case after victim and accused agree to marry | Bengaluru – Hindustan Times.

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