Rape charge dropped after survivor consents, records marriage, child with accused man

The court also observed that the affidavit filed by the survivor asserted that she was happily married and living with the accused along with their child, and that he had been taking due care of them. She added that she wished to continue living with him for the rest of her life. 

Justice B Bhattacharjee set aside a POCSO case against a man, noting the survivor’s consent, who is now married to him.

POCSO case filed despite family’s approval

In November 2018, when the survivor was admitted to a hospital in Shillong for childbirth, a family member lodged an FIR at the police station stating that the couple had married at a young age, and both families had accepted their relationship. 

Since the survivor was a minor at the time of the relationship, police registered a case under the POCSO Act against the man. After the police investigation, a chargesheet was filed, and later the man pleaded not guilty before the special POCSO court.

The couple got married in a church, had a daughter, and sought to set aside the criminal case against the man; the woman stated that she did not wish to continue the proceedings.

Advocate R Dutta, appearing for the man, submitted that the relationship was based on mutual understanding. She argued that the FIR was lodged against the survivor’s wishes under the influence of some relatives.

It was argued that the couple got married in the presence of both families in a church and had a daughter, and the woman no longer wished to continue the criminal proceedings against her husband, for which the couple had approached the high court seeking to set aside the POCSO case.

She also relied on an earlier ruling of the Meghalaya High Court on a similar matter and stated that in exceptional circumstances, a POCSO case can be set aside.

The state did not oppose the petitioner’s case and submitted that the necessary order may be passed by the court.

The court observed that the survivor had voluntarily sought setting aside of the criminal proceedings against the man, and that the couple was married and had a child. It added that the woman’s consent was genuine, informed and not given under any threat or coercion.

The court held that sending the accused to jail would be a greater injustice to his wife and the child, considering that the couple is married and living together happily. Therefore, the court set aside the POCSO proceedings against the accused.