Keywords: Kerala High Court, POCSO Act, Sexual Assault, Rape, Special Marriage.
In its recent judgment the Kerala High Court has revoked its proceedings in Muneer A. Vs. State of Kerala and Anr., after the petitioner and the accused solemnized their marriage in June 2023. The petition is the accused who has been alleged of committing crime of sexual assault and referring section 354 and 376 of the Indian Penal Code, 1860. The petition also contained section 7 read with Section 8 of Protection of Children from Sexual Offences Act, 2012.
The section 354 assault or criminal force to woman with intent to outrage her modesty and section 376 of the Indian Penal Code,1860 deals with the punishment for rape. The section 7 of POCSO Act, 2012 deals with sexual assault of minor and section 8 deals with punishment for the sexual assault under the same act.
In this particular case the victim was a minor when she was sexually assaulted and at a time when she was studying at Plus Two by picking her up from her school in his car and by touching the body parts of the minor victim. It is alleged that the petitioner had committed the offence of rape by having sexual relation with the victim in the year 2019 on several occasions. The allegation of rape was made when the victim attained the age of majority.
The advocate of the petitioner, Rizwana T.N. submitted the certificate of marriage between the accused and the victim solemnized under the Special Marriage Act on 05.06.2023. The certificate of the same was produced before the bench. The public prosecutor, G. Sudheer
did not raise any questions regarding the marriage. The allegations against the petitioner that pertain to the period when the victim was a minor is that he had taken the victim to various places in his car and had touched her inappropriately on several occasions. The allegations of having entered into sexual relationship with the victim relate to a period after the victim attained the age of majority. They are living as a husband and wife. Therefore, the court rescinded the petition invoking section 384 of the Code of Criminal Procedure, 1861 which is about saving the inherent powers of the High Court to deliver any order as the court may think fit. As the court did not find it purposeful for continuing the prosecution against the petitioner.
Advocate Nahas H. appeared on behalf of the victim in the present case.
Citation: 2023 LiveLaw (Ker) 517
Case Title: Muneer A. v. State of Kerala & Anr.
Written by Shubhi Yadav of 3rd Semester of PU. UILS, an intern under Legal Vidhiya.
0 Comments