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Uttarakhand High Court Drops POCSO Trial, Notes Victim Has Moved On & Doesn't Intend To Pursue Prosecution
Rahul Garg
7 Nov 2022 1:00 PM GMT
The Uttarakhand High Court recently dropped a criminal trial under the Protection of Children from Sexual Offences Act, 2012 after noting that the victim had moved on in life and did not intend to prosecute the accused.The single bench of Justice Sharad Kumar Sharma noted that although offences under the POCSO Act and other IPC offences complained of in the criminal matter are...
The Uttarakhand High Court recently dropped a criminal trial under the Protection of Children from Sexual Offences Act, 2012 after noting that the victim had moved on in life and did not intend to prosecute the accused.
The single bench of Justice Sharad Kumar Sharma noted that although offences under the POCSO Act and other IPC offences complained of in the criminal matter are not compoundable under Section 320 of CrPC, however, it could not be ignorant of the fact that both the applicant and the victim (upon attaining majority) had solemnized independent marriages and were living happily discharging their respective matrimonial obligations.
The Court noted that permitting the aforesaid sessions trial to continue, will ultimately result into spoiling two units of family.
"Since, both of them have married, and at this stage, when they have entered into the marriage, they are major, in that eventuality, their status on the date of commission of the offences on 15.11.2020, has had to be overlooked, in order to maintain harmony amongst the family, with which, each of the parties to the present C-482 application, had been married," said the Court.
The Court further added: "While exercising the inherent powers under Sections 482 CrPC, this Court is of the view that continuance of the Special Session Trial No. 45 of 2020, "State v. Anees," would ultimately result into spoiling of the life of two families, and particularly when the victim-respondent No. 2, has made a statement before this Court, that she does not intend to prosecute the present applicant any further."
Accordingly, the Court passed orders for dropping of the sessions trial, while disposing of the compounding application.
Case Title: Anees alias Anees Raza v. State of Uttarakhand
Case No: C482 No. 1942 of 2022
Coram: Justice Sharad Kumar Sharma
Citation: 2022 LiveLaw (Utt) 40
