CHENNAI: In a major ruling, the Madras High Court has said that any offence committed under the POCSO Act is not a compoundable offence, even if the victim later changes mind and develops a relationship with the convict.
The court ruled that if a female victim gives a complaint about an offence under the POCSO Act, it becomes an offence against the State and a compromise won't take away the offence.
The issue pertains to one Marudhupandi challenging Dharmapuri Mahila court's order convicting him for raping a 17-year-old girl on the false promise of marriage. The trial court had sentenced him to 10 years in jail.
In the appeal at the High Court, the victim girl had filed an affidavit that she was living together with the offender for the past four years and they settled the matter. She had therefore sought to set aside the order of the trial court and let them live peacefully.
However, the single-member bench of Justice P Velmurugan refused to accept the submissions. The court pointed out that the victim even in her statement under section 164 CrPC and deposition before the trial court has clearly stated that the appellant has committed the offence, the court said.
The judge in his order said, "The evidence of the victim girl is very clear that she was at the age of 17 years on the day of occurrence and the appellant had made a false promise that he would marry her and against her will, he had forceful penetrated sexual intercourse repeatedly with her, subsequently, he refused to marry her."
"Even assuming that the victim girl had fallen in love with the appellant and admitted that they are living for four years, even on the date of commission of the offence, provisions of POCSO Act attract. It is not a compoundable offence. Subsequently, she cannot turn it to compound the offence."
The court observed that the plea was filed by the petitioner only to escape the clutches of law and hence dismissed the petition.