The Court noted that the accused person and the survivor had married after she crossed the age of majority. The Court found that they were living together as husband and wife with the child conceived out of the incident. The Protection of Children from Sexual Offenses Act (POCSO Act) rape case against a man was recently dismissed by the Kerala High Court after it was discovered that the victim had already wed the accused and no longer want to pursue the case.
Justice Gopinath P was told that the accused person and the survivor were now living together as husband and wife with their male child, who had been conceived out of the said rape incident. He was also told, pertinently, that the survivor wanted to stop the criminal prosecution.
As a result, the High Court granted the petition to dismiss the rape charge against the accused in the case that was brought by the accused man and the victim.
“The petitioners’ marriage was also solemnized here on 10.02.2022. They share a home with their little child. The Court stated that carrying on with the proceedings would only be unfair to the second petitioner (survival). According to the prosecution, on February 8, 2021, the defendant broke into the home of the survivor and raped her, causing her to get pregnant. The aforementioned incidence gave rise to a birth on October 20, 2021.
But on February 10, 2022, a few days after the survivor became 18 and reached the age of majority, she wed the defendant. In light of this, the court was informed that the survivor wished to end the accusation against the defendant. As a result, the High Court halted the case being handled by the Fast Track Special Court against the accused. Advocate UK Devidas defended the petitioners (accused and survivor). Noushad KA, the public prosecutor, spoke on behalf of the State.
Written by N.Yogendra Mani of KL University Vijayawada Andhra Pradesh ( 5th semester) an intern under Legal Vidhiya
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