HC dismisses Pocso case with survivor’s consent

MUMBAI: The Bombay high court (HC) last week struck down an offence registered under provisions of the Protection of Children from Sexual Offences (Pocso) Act, against a 25-year-old Thane resident, with the consent of the survivor. The man was accused of rape and criminal intimidation of a 17-year-old girl in 2017.

“We are satisfied that nothing fruitful will come of the prosecution,” said the division bench of justice BP Dharmadhikari and justice Nitin Borkar. The bench also imposed a cost of ₹1 lakh on the 25-year-old and directed him to deposit the amount with the Police Welfare Fund, as “public time and money had been spent in investigating the case”.

The case was based on a complaint filed by a 19-year-old woman with the Vartak Nagar police station in April 2019. According to her statement, the accused had sexual relations with her when she was 17 years old.

The woman said she was introduced to the accused in February 2017, following which they were a relationship. She alleged the accused had sexual relations with her after assuring her that he would marry her. She claimed that later, not only did he refuse to marry her as she belonged to a scheduled caste, but he also abused and assaulted her.

The Vartak Nagar police booked the accused under relevant sections of the Indian Penal Code (IPC), POCSO Act, and SC and ST (Prevention of Atrocities) Act, 1989, for rape and criminal intimidation. Advocate Rounak Naik, arguing for the accused, said the two parties must get an opportunity to settle the dispute amicably. Advocate Akshay Tilve, appearing for the complainant, submitted that she had consented to the quashing of the criminal proceedings, as her parents were searching for a suitable match for her.