Accused, survivor marry and have child; Bombay HC quashes Pocso rape case; says justice served for minor’s future; father says doesn’t want daughter ‘troubled’

PANAJI: The high court of Bombay at Goa quashed the rape proceedings before a Pocso fast track court after it found that the accused and the survivor are now married and a child is born out of the wedlock.

By quashing criminal proceedings in this case, with its peculiar circumstances, the HC aimed to attain justice not only for the accused and the girl but also for the child born out of the wedlock, it stated.

“What is pertinent to note is that out of the wedlock a child is born, and in the wake of the aforesaid circumstances, it would be only in the interest of justice to quash the proceedings. The continuation of the proceedings would not only cause inconvenience to the petitioner but would put the child born out of the wedlock in a precarious position, and we do not intend to continue with such a situation,” stated the division bench comprising Justices Bharati Dangre and Nivedita Mehta.

The girl’s father said he filed the complaint of rape and sexual abuse in 2020 as he was not happy about the relationship between his 17-year-old daughter and the accused. But despite his objection, she continued and got married to him, her father stated.

He submitted to the HC that he doesn't wish to cause any trouble or inconvenience to his daughter, who is presently living with the accused. The continuation of criminal proceedings against the accused will jeopardise the well-being of his daughter and minor son and adversely affect their lives, he submitted.

The accused, represented by advocate Vibhav Amonkar, told the court that their relationship was consensual as it was a love relationship, which resulted in a marriage being solemnised after she turned 18 years old. The marriage was registered with sub-registrar Salcete, Margao last year.