BENGALURU: Declining to quash the proceedings under Protection of Children from Sexual Offences (Pocso) Act against an accused who allegedly raped a minor girl, the Karnataka High Court said that when the accused has committed an offence under Section 376 of IPC against a minor girl, even if the victim has given consent, it is not considered so.
The court said that in a case of heinous offence of rape, even if the parties have settled the dispute, it cannot be accepted and the proceedings cannot be quashed since it will have serious impact on society.
Justice HP Sandesh at the Kalaburagi Bench of the High Court made the observation, dismissing a criminal petition filed by both the accused, Anil, and the victim questioning the proceedings before the trial court in Vijayapura.
The victim turned hostile after an out-of-court settlement. Later, both the accused and the victim moved the high court seeking to quash the proceedings before a trial court, saying that they have married and have a child. The accused allegedly raped the minor girl in the guise of loving her. After she became pregnant, he allegedly kidnapped her and took her to Kolhapur. The victim’s father filed a complaint in 2019.