Karnataka HC quashes POCSO case against a man after marriage to victim
Justice M Nagaprasanna emphasised that the Protection of Children from Sexual Offences (POCSO) case could be revived if the accused abandons the girl and their child after the case's closure
View of Karnataka High court.
| Photo Credit: Murali Kumar K
The Karnataka High Court has quashed criminal proceedings against a 23-year-old man from Mysuru, who had allegedly sexually assaulted an 18-year-old when she was a minor, following their marriage and production of their marriage certificate.
Justice M Nagaprasanna emphasised that the Protection of Children from Sexual Offences (POCSO) case could be revived if the accused abandons the girl and their child after the case's closure.
The court had earlier granted interim bail to the accused to facilitate the marriage with the victim (after she attained the age of 18), requiring him to return to jail with the marriage certificate. The accused complied with it.
The court has ruled that continuing the proceedings would negatively impact the mother and child, leading to societal stigma.
The incident occurred on February 2, 2023, when the accused took the school-going girl to an isolated location and allegedly sexually assaulted her.
The girl subsequently gave birth to their child. Both parties' — accused and the victim — through their legal representatives submitted that they were in love, but faced parental opposition.
They had sought closure of the proceedings, considering the accused's wish to marry the victim.
The court's decision was also influenced by a DNA report confirming the biological parentage of the child.
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Karnataka
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judiciary (system of justice)
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sexual assault & rape