subsequent marriage Archives

POCSO case quashed citing subsequent marriage

“Not a single whisper of force”: Bombay HC Quashes POCSO Case After Accused Marries Minor Prosecutrix, Now 7 Months Pregnant

“There was not a single whisper that the accused forced the prosecutrix or threatened her or had sexual intercourse on false promise of marriage. Though the victim was minor, she did not have any problem in staying with the accused and his family. Therefore, the Court held that the criminal proceedings would cause injustice.”

Case Briefs High Courts

Offence under POCSO Act not against individual but against society; Subsequent marriage between accused and victim does not erase the crime: Madras HC

“Offence under the POCSO Act is not against individual and it is against the Society. Hence, the subsequent marriage between the convict and the victim will not take away the offence committed by the convict when the victim girl was a child. If the defence of subsequent marriage or the elopement is accepted, then the purpose of enactment of the POCSO Act would get defeated.”