Even relationship claim can’t undo Pocso offence: HC
It Becomes A Crime Against State: Court
TIMES NEWS NETWORK
Chennai:20.03.2021
Offences under the Pocso Act are not compoundable even if the victim girl after becoming major deposes that she was in relationship with the offender and wanted to settle the issue, the Madras high court has held.
“Once a complaint is registered under Pocso Act, it becomes an offence against the state and, therefore, subsequent compromise will not take away the offence,” Justice P Velmurugan said on Friday.
The judge made the observation while dismissing a petition moved by Marudhupandi challenging conviction and 10 years imprisonment ordered by Dharmapuri mahila court for sexually assaulting the minor victim on promise of marriage.
When the appeal came up for hearing, the victim who is now a major filed an affidavit claiming that she was living together with the offender for the past four years and that they had settled the matter amicably. She, therefore, prayed that the appeal be allowed and the conviction and sentence be set aside, so as to enable them live peacefully.
Refusing to accept the same, the judge said, “Even assuming that victim girl had fallen in love with the appellant and admitted that they are living together for four years, as on the date of commission of offence, provisions of the Pocso Act would attract.”
The court further pointed out that the appellant had not challenged the complaint made against him nor claimed that the girl gave such complaint due to coercion or threat. The victim even in her statement under Section 164 CrPC and deposition before the trial court has clearly stated that the appellant had committed the offence, the court said. “The evidence of the victim girl was very clear that she was 17 years on the day of occurrence and the appellant had made a false promise that he would marry her and against her will, he had sexually assaulted her repeatedly and subsequently, refused to marry her,” the judge said.
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