Recently, Allahabad High Court came across with a case where a joint plea was filed by the husband and the wife seeking to quash the charge sheet filed by the victim against the accused under section 363, 366 IPC and section 7/8 of POCSO Act (The protection of children from sexual offences act, 2012).
Section 363(Punishment for kidnapping.—Whoever kidnaps any person from or from lawful guardianship, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine).
366 IPC (Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine)
Section 7/8 (sexual assault and punishment for sexual assault) of the POCSO Act. The husband is the accused and his wife is the victim in the case.
The High Court observed that still the families feel shy and not ready to get their children married to different caste (intercaste marriage).
The FIR was registered against the husband (accused) an SC by caste, in February 2019 by the father of the victim, an OBC by caste.
The allegations made by the father of the victim were that he was the one who influenced or instigated his daughter and had assaulted her sexually for such a long.
Later on, the victim and the accused got married to each other and blessed with a child in the month of September 2022. Now, they both moved to the court to quash the criminal proceeding against the accused.
The court observed that despite knowing the fact that his daughter got married to the accused and they are blessed with a child, now her daughter is a mother, still due to the caste related issue or intercaste marriage he is still ready to fight the case against the accused.
The court also said it is the requirement of the law that if both the parties are agreed and happily living their life as husband and wife with their child than there should not be any impediment in accepting their marriage or relationship.
Hence the court asked the father of the victim to appear before the court on 28 April for further proceedings with regard to the charge sheet in the case.
Written by- Jyoti student of BA.LLB (2nd semester) at Army Institute of Law, Mohali
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