Karnataka High Court Quashes POCSO Case After Prosecutrix Admits Consensual Relationship, Marries Accused On Attaining Majority

The Karnataka High Court has quashed a rape complaint registered against an accused after he married the prosecutrix during the pendency of the proceedings and produced adequate documents in that regard.

A single judge bench of Justice M Nagaprasanna allowed the petition filed by Rama @ Bande Rama, after the Petitioner-accused and victim filed a joint memo seeking closure of the proceedings on account of settlement of the dispute between themselves.

"It is not the end result that is painful or otherwise, but the process in the criminal justice system that generates such pain. In the teeth of these facts, glaring enough they are, if the Court would shut its doors to the couple who are married and bringing up the child, the entire proceeding would result in miscarriage of justice."

The father of the prosecutrix had registered a missing complaint of the prosecutrix back in March 2019, alleging offences punishable under Section 363 (kidnapping) of IPC and Sections 3 (sexual assault) and 4 (penetrative sexual assault) of the Protection of Children from Sexual Offences Act, 2012.

The Petitioner was thereafter remanded to judicial custody and a charge sheet against him was filed under Sections 363, 376(3), 366 and Sections 4 and 6 of the POCSO Act.

In her examination before the Court in October 2019, the prosecutrix deposed that the acts between her and the petitioner were consensual. About a year after the alleged incident, the prosecutrix attained the age of 18 years. In June 2020, the prosecutrix again filed an affidavit that the petitioner and the prosecutrix were in love and the physical relationship between them was consensual. After the said evidence, the petitioner was granted bail, after being in judicial custody for more than 18 months.

The duo got married in November 2020 and had a girl child from the wedlock.

Findings:

The bench observed that several Constitutional Courts have closed proceedings against such accused who gets legally married to the prosecutrix during the pendency of the proceedings.

"Since there are plethora of judgments of the Coordinate Benches of this Court which have quashed the proceedings on account of marriage between the victim and the accused, I deem it appropriate to follow those judgments and quash the proceedings against the petitioner."

The bench also opined,

"In the light of the marriage between the prosecutrix and the accused; the marriage being registered; a certificate being issued in accordance with law depicting the couple to be a legally wedded husband and wife; a girl child being born from the wedlock to which a birth certificate issued by the Competent Authority being placed on record, in such cases, the prosecution can hardly prove the guilt against the petitioner. If the victim is going to turn hostile in a trial at a later point in time and the petitioner gets acquitted of all the offences, the sword of crime would have torn the soul of the accused."

Case Title: RAMA @ BANDE RAMA v STATE OF KARNATAKA

Case No: CRIMINAL PETITION NO. 6214 OF 2022

Citation: 2022 LiveLaw (Kar) 335

Date of Order: 02ND DAY OF AUGUST, 2022

Appearance: Advocate AIYAPPA K G for petitioner; HCGP K.P.YASHODHA, FOR R1; Advocate GAURAV PATIL, FOR R2

Click Here To Read/Download Order