Bengaluru: The High Court has approved the closure of the POCSO case involving a man who had earlier been permitted to marry the victim. Considering the circumstances as unique and in the best interests of the victim and her child, the court issued this decision.
The victim was 16 years and 9 months old when her mother filed a complaint against the accused. He was taken into custody on February 16, 2023, and remained in judicial custody while the victim gave birth to a daughter.
The accused approached the High Court seeking to quash the proceedings before a special court in Mysuru and also applied for interim bail to marry the victim. On June 13, 2024, the High Court granted him a 15-day interim bail to solemnize the marriage, noting that the victim had since turned 18.
The accused married the victim on June 21, 2024, and the marriage was legally registered under the Hindu Marriages Act on June 25, 2024. Following the wedding, he returned to prison.
Justice M Nagaprasanna referred to relevant Supreme Court judgments and emphasized the importance of considering both the victim’s and accused’s interests. He noted, “If the case is not settled and the accused is not released, the mother and child would face significant hardship.”
Concerned with potential future difficulties for the victim and child, the court decided, “To prevent such a distressing outcome, I find it appropriate to accept the closure of the case and settlement of the offense, given that the victim is likely to turn uncooperative, making the accused’s conviction unlikely.”
However, the court cautioned that if the accused were to abandon the mother and child after closure, proceedings could be reinstated according to the law.