HC refuses to bin case against accused in rape of 'minor girl'

The high court has refused to quash proceedings against a person accused of raping a minor girl. The accused and the victim had jointly filed the petition stating that they are married now and contended that she was 19 years old at the time of the incident.

The petitioners sought to quash the proceedings before a special court and also claimed that they have a child. It was contended that no purpose will be served if the proceedings are continued against the accused.

Justice H P Sandesh pointed out that even if a minor victim has given consent, the same is not considered as consent at all.

The court said that whether she was minor or major at the time of the incident has to be adjudicated before the trial court and the high court cannot appreciate the fact.

The court cited the Apex Court order in Gian Singh case and noted that the power of the high court in quashing a criminal proceeding or FIR or a complaint in exercise of its inherent jurisdiction under section 482 of the CrPC is distinct and different from the power given to a criminal court for compounding the offences under section 320 of the CrPC.

“In the present case, the accused has committed the offence of rape against a minor girl which attracts the provisions of IPC and also POCSO Act. The Hon’ble Apex Court has specifically held that in case of a serious offence of rape, the Court cannot exercise power under Section 482 of CrPC, and the same will have an impact on society. The Court has to look into the statute and object in bringing the special enactment of POCSO Act and hence, considering the object and scope of special enactment of POCSO Act, exercising power under Section 482 of CrPC, does not arise,” the court said.

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