Conviction set aside as Pocso case accused marries victim

CHENNAI: The Madras High Court has set aside 20 years of conviction imposed on an accused, who have sexually harassed a minor girl since the accused married the victim and living as a couple.

Justice M Nirmal Kumar wrote that the case arose out of a dispute in the love affair between two individuals, which is resolved now, hence, the criminal case cannot be referred to as a disqualification or take adverse notice against the accused or victim in their future endeavours, while allowing an appeal preferred by the accused challenging his conviction.

The appellant moved the High Court seeking to acquit him from the conviction imposed by the Tiruvannamalai special court for 20 years of rigorous imprisonment under section 376 (2) (n) of IPC and sections 5 (1) 5 (j) (ii) and 6 of Pocso Act.

The appellant submitted that in 2020 during the COVID-19 lockdown period, he had a love affair with a minor (15-year-old) girl, from the neighbourhood.

During the affair they also had an intimate physical relationship, said the appellant. The grandmother of the victim was shocked that her granddaughter became pregnant out of the physical relationship with the appellant who was just 19 years old then.

Based on the complaint lodged by the grandmother, the police booked a Pocso case against the appellant and arrested him. After the investigation the police submitted the final report before the Tiruvannamalai special court and the court found the accused guilty and sentenced him to 20 years of rigorous imprisonment. Aggrieved by this the appellant moved the HC and submitted that both families were convinced of their love affair.

On November 2023, he married the victim girl with the consent of both families and led a peaceful life, said the appellant, and sought to acquit him from the Pocso case.