POCSO survivor, accused marrying others persons not ground to quash case: HC

The accused was in a love affair with the victim. He is said to have raped her and when she raised a hue and cry he applied vermillion on her forehead.

In an important judgment, the Calcutta High Court has ruled that an FIR cannot be quashed merely because both a POCSO survivor and the accused marrying other persons are living happily.

The court ruled that the First Information Report lodged under the Protection of Children from Sexual Offences Act (POCSO) cannot be quashed on the ground that the survivor and accused have married different persons are living happily.

A Single-Judge Bench of Shampa Dutt said that the accused and the survivor marrying other persons will not lessen the offence under the POCSO Act.

"The fact of them being married to other persons does not lessen the offence alleged, considering the prima facie materials on record," Justice Dutt said.

The court went on to reject a plea by one Bhuban Basak who had sought to quash the proceedings initiated against him for the offence of rape under the Indian Penal Code (IPC) and relevant provisions under the POCSO Act.

The case of the prosecution was that the accused who was 22-years old in January 2016, had a brief 'love affair' with the victim who was only 14 years old at the time. He took her to various places, the prosecution submitted.

On the day of the incident, when the victim was alone in her house, the accused forcibly entered and raped her. When she raised a hue and cry, he smeared vermillion on her forehead and made her believe that they are now married. After doing so, he fled from the spot.

The victim narrated the incident when her parents returned home, following which an FIR was lodged against the accused.

The accused moved the court and contended that since both the survivor and he are happily married to other persons, the case should now be quashed.

The court took note of the fact that the medical records and statements were against the accused.

The judge said that the material on record is sufficient for the case to proceed towards a trial, reports said.

"Thus from the materials on record including the medical report, age of the victim and the statements on record, there appears to be a prima facie case against the petitioner of committing a cognizable offence and quashing the proceedings at the stage would amount to an abuse of the process of law or the court," Justice Dutt said.