Karnataka HC closes Pocso case 'in interest of girl, her kid'

Bengaluru: The high court has permitted the closure of the Pocso case against a man who was earlier allowed to marry the victim. The court passed this order treating it as a peculiar case and also in the best interest of the victim girl and the child born to her.

The victim girl was 16 years 9 months old when her mother filed the complaint against the petitioner-accused. The accused was taken into custody on February 16, 2023 and had remained in judicial custody. Meanwhile, the victim gave birth to a female child.

The accused had moved the high court seeking quashing of the proceedings pending before a special court in Mysuru and also submitted an application seeking interim bail to marry the victim girl.

On June 13, 2024, the high court had granted 15-day interim bail to the accused to enable him to get married, after considering that the victim had crossed 18 years.

The accused had married the victim girl on June 21, 2024 and the marriage was registered under the Hindu Marriages Act on June 25, 2024. He had returned to the prison after the wedding.

Justice M Nagaprasanna cited a Supreme Court judgment in K Dhandapani vs Tamil Nadu police and Devendar Nath vs State of Union Territory of Chandigarh cases. The court noted that the settlement/compounding of the cases had been allowed in these cases keeping the interest of the victim as well as the accused in mind.

"The newborn would not be aware of the happenings. If the issue is not compounded and the petitioner is not released, the mother and the child would be left in the lurch and their fate in dire straits," Justice Nagaprasanna said.

The court further said, "To stall any emergence of such an ignominious situation, I deem it appropriate to accept closure of the proceedings and compounding of the offence in light of the fact that the victim would undoubtedly turn hostile and the conviction of the petitioner would become absolutely bleak. This court cannot shut its eyes to ground realities and permit the process in the criminal trial to conclude, as it is the process that generates agony till the end, which will completely mask the happiness of acquittal."

The court has also warned that in case the petitioner leaves the child and the mother in the lurch after getting closure, the proceedings may be revived in accordance with the law.