Kochi: The Kerala high court earlier this week cancelled criminal proceedings against a man who was accused of sexual assault and rape charges under the Indian Penal Code (IPC) and The Protection of Children from Sexual Offences Act (Pocso) on the ground that the accused and the victim were now married.
The ruling by the bench of justice P Gopinath came on September 25 in response to a petition filed by a man who was accused of offences under sections 354 (Assault or criminal force to woman with intent to outrage her modesty) and 376 (rape) of the IPC and section 7 read with 8 of the Pocso Act, 2012. Before the high court order, the case was pending in the Fast Track Special Court (Pocso Act) in Punalur, Kollam district.
The man was accused of picking up the minor victim in his car and touching her inappropriately and later raping her on several occasions in 2019 after she became an adult.
The counsel for the petitioner told the high court that the accused and the victim got married in June this year and were living together as husband and wife. The public prosecutor also did not dispute the fact.
The high court order read, “Having heard the learned counsel for the petitioner and the learned public prosecutor, I am of the view that this is a fit case where a jurisdiction of this court under section 482 of Cr.P.C can be invoked to quash the proceedings against the petitioner.”
{{/usCountry}}The high court order read, “Having heard the learned counsel for the petitioner and the learned public prosecutor, I am of the view that this is a fit case where a jurisdiction of this court under section 482 of Cr.P.C can be invoked to quash the proceedings against the petitioner.”
{{/usCountry}}“The petitioner and the victim are now living together as husband and wife. Therefore, no useful purpose will be served by continuing with the prosecution against the petitioner,” the order said.