- Karnataka High Court acquits “rape” accused
- The criminal case against the 23-year-old has been discontinued
Karnataka News: The Karnataka High Court has quashed the criminal case against a 23-year-old youth charged with rape under the Protection of Children from Sexual Offenses Act (POCSO) and the Indian Penal Code (IPC). The 17-year-old victim married the accused when she turned 18 and the couple had a child while the case was pending in court. The trial court observed that the prosecution “can hardly prove the offense against the petitioner” under these circumstances. Taking into account the opposition’s claim, the High Court found that the case was entitled to be annulled as the parties reached an agreement.
Based on these facts, the decision was made
Justice M. Nagaprasanna observed, “The facts were noted that the accused and the victim are now married and nursing a child. From this it is clear that if the court closes the doors on the couple, the entire proceedings will result in miscarriage of justice.” The victim’s father had lodged a complaint in March 2019 that his minor daughter had gone missing. During the search, the girl was found together with the accused. Both claimed that they had taken this step consensually. Although the girl was only 17 years old and a case was registered against the accused under POCSO.
The accused was imprisoned for 18 months
The accused was granted bail after spending 18 months in jail. After the release, the couple got married in November 2020. A year later, they had a baby girl. The High Court noted in its judgment that several constitutional courts had closed the case against the accused during the trial after the victim and the accused were married.
Latest India News