Lawstreet Journal

Kerala High Court Quashes POCSO Charges Against Man After His Marriage with the Prosecutrix

Lawstreet Journal 29 Apr 2021 7:19pm

Image courtesy: Lawstreet Journal Judiciary Kerala High Court Quashes POCSO Charges Against Man After His Marriage with the Prosecutrix

The Sexual Assault charges against a 22 years old man have been dismissed by the Kerala High Court, due to his subsequent marriage to the prosecutrix. 

A charge sheet filed by the police in February 2019 against 22 years old man, charging him with sexual assault and the other offences under the  Indian Penal Code and the Protection Of Children from Sexual Offences Act, 2012 was quashed by a Bench led by Justice K Haripal

When the FIR was filed, the prosecutrix was 17 years old. The case was brought to light after the father (who is the complainant in the present case), had approached the police and reported that his daughter had gone missing. After that, charges on aggravated penetrative sexual assault under section 4 read with section 3(a) and section 6 read with section 5 (1) of the POCSO, as well as the repeated rape of the same woman under section 376(2) (n) of the Indian Penal Code were added by the police.

The man was also charged with Kidnapping, Slavery and House Trespass under sections 363, 370, and 450 of the Indian Penal Code, 1860.

In order to quash the charges against him, the man moved the High Court. He claimed that last November he married the  prosecutrix and  now the matter is settled between the parties. He further added that he and the prosecutrix who has attained the majority now, are living together as couple. 

To support his petition, the man produced affidavits which were filed… Continue Reading...


Tagged: POCSO   POCSO Act  
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