K’taka HC quashes POCSO case, upholds marriage of accused, victim

The Karnataka High Court has quashed a case lodged under the provision of the Prevention of Children from Sexual Offences Act (POCSO) and upheld the marriage between the accused and the victim.

The bench observed on Tuesday that the incident had taken place when the victim was 17 years. However, she married the accused after turning 18.

The couple also had a baby out of wedlock.

The bench headed by Justice Nagaprasanna opined that prosecution won’t be able to prove charges against the accused. In case of the victim turning hostile, the accused will come clean out of all charges and the case will not go to logical end.

The bench refused to accept the arguments of the prosecution against the accused.

The court stated that it is appropriate to end the case as there is consensus between parties. The accused and victim are married and have a baby.

It is not judicious to separate them from married life at this juncture, the bench added.

In 2019, the victim’s father had lodged a missing case.

During investigation, the victim was found with the accused.

In spite of girl pleading that she had willingly gone with the accused, her family had lodged a case of rape.

Since the girl was a minor, the police had lodged a POCSO case against him.

After serving 18-months of imprisonment he was granted bail. The accused and victim married in November 2020.

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