Report Wire - Marriage between sufferer, accused not grounds for quashing case when magnitude of rape is grave: Kerala HC

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Marriage between sufferer, accused not grounds for quashing case when magnitude of rape is grave: Kerala HC

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Marriage between victim, accused not grounds for quashing case when magnitude of rape is grave: Kerala HC

By Express News Service

KOCHI: In a landmark judgment, the Kerala High Court has noticed that when the magnitude of the rape is so grave and heinous to shock the sense of justice, a settlement between the sufferer and accused and a wedding subsequently between them should not issues for consideration to quash the proceedings towards the accused.

“Rape is not only a very serious and inhumane offence committed towards the victim, but also causes a very serious impact upon her relatives and the society as a whole,” the courtroom noticed.

Justice Shircy V issued the order whereas dismissing a petition filed by first accused PR Rahul of Kodungallur and second accused Virjin of Eriyad, Thrissur looking for to quash the FIR towards them. The prosecution alleged that the petitioners forcibly took the 17-year-old sufferer to the rental home of the second accused and he or she was raped by the primary accused in 2017. The offence alleged towards them is rape and comes below the Protection Of Children from Sexual Offences Act (POCSO).

When the case got here up for listening to, the counsel for the petitioner submitted that your entire matter has been settled between the events and the sufferer doesn’t intend to proceed with the case towards the petitioners. An affidavit has additionally been sworn to by her, stating that Rahul has married her below the Special Marriage Act on December 8, 2020, and now they’re residing collectively as husband and spouse.

“Rape is a very serious offence and it is doubtless that it is not just an offence private in nature but is also an offence towards society. It is worse than murder as a humiliating and horrifying experience is caused to the victim and so it is considered the most heinous, brutal and cruel crime against a woman. When it is towards a child, the gravity is all the more severe and excruciating as it may even lower self-esteem, self-confidence and dignity of the child and the psychic effect and impact can cause a devastating effect on the minor and result in far-reaching consequences,” noticed the courtroom.

The courtroom mentioned that the Special Act (POCSO Act) itself was enacted to guard kids from sexual assault and harassment. The petitioners haven’t any case that the case has been maliciously instituted and they’re falsely implicated with an ulterior motive and as such no offence is made out. But solely on the premise of the alleged settlement between the events, the petitioners have sought an order to quash the FIR in addition to the ultimate report and additional proceedings initiated within the case.

The argument that now the sufferer has attained the age of majority and resides fortunately with the accused should not legitimate grounds or justifiable causes or decisive components for consideration to quash the prison proceedings. The courtroom made it clear that the petitioners have to face the take a look at of judicial scrutiny and thus face trial earlier than the trial courtroom.