​POCSO Accused’s Marriage to Another Person Can’t be Grounds For Dismissal of Rape Case: Calcutta HC

The marriage of a Protection of Children from Sexual Offences (POCSO) accused and even the survivor to other people can’t be grounds for dismissal, held the Calcutta High Court recently, while hearing a petition moved by the accused to quash the proceedings.

A single judge bench of Justice Sampa Dutt of Calcutta High court noted that from the materials on record, including the medical report, age of the girl and 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.

“Both of them being married to other persons do not lessen the offence alleged considering the prima facie materials on record,” said Justice Sampa Dutt.

According to the prosecution, the accused, who was 22 at the time, had a brief ‘love affair’ with the girl, who was just 14. He took her to various locations. He allegedly raped the girl when she was alone at home. When she shouted, he applied vermilion (sindoor) and convinced her that they were now married and then he fled from the spot.

When her parents returned home, she told them about the incident, and a first information report (FIR) was filed against him at Manikchak Police Station. A charge sheet was filed on February 16, 2019.

Mushraf Alam Sk, counsel for the petitioner, submitted that he is in no way connected with the alleged commission of the offence and there will be miscarriage of justice if the proceedings of this case are allowed to continue.

Das, counsel for the state, placed the case diary and medical reports, which show there are no marks of injuries on her private parts, but the hymen was ruptured. She also alleged that the incident occurred on January 11, 2016 when the girl was a minor. Both of them got married to another person.

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