Child Sex Abuse Cases Can't Be Dismissed Based On "Compromise": High Court

The Allahabad High Court has observed that crimes under 'Special Statutes' like the Protection of Children from Sexual Offences or POCSO can't be dismissed merely based on "compromise" between the victim and the offender.

Child Sex Abuse Cases Can't Be Dismissed Based On "Compromise": High Court


Click the link to join the registration on WhatsApp: https://chat.whatsapp.com/KThkuZlWaTcCu3iJHGBmLM


Click the link to join the registration on WhatsApp: https://chat.whatsapp.com/KThkuZlWaTcCu3iJHGBmLM


Click the link to join the registration on WhatsApp: https://chat.whatsapp.com/KThkuZlWaTcCu3iJHGBmLM

The Allahabad High Court has observed that crimes under 'Special Statutes' like the Protection of Children from Sexual Offences or POCSO can't be dismissed merely based on "compromise" between the victim and the offender.

"Once the consent of the minor prosecutrix is immaterial for registration of the offence, then such consent shall still remain immaterial for all practical purposes at all the stages including for compromise. Merely because the minor prosecutrix has later on agreed to enter into a compromise with the applicant, would not be sufficient to quash the proceedings," said a single judge bench of justice Samit Gopal in a decision on April 2.

The judge presided over a petition seeking a stay on the criminal proceedings against the accused who claimed that after the filing of the case, the conclusion of the investigation and summoning of the applicant by the trial court for the alleged offences, a compromise was reached between the parties, so the pending case be decided accordingly. The counsel for the victim also supported the petition of the accused.

The counsel of the state opposing the accused-applicant's petition, said the victim, who was 15 when the crime first happened, was subjected to sexual assault over a period of three years.

"It is clear that where the prosecutrix is a minor below 18 years of age, then her consent would be immaterial. When an offence is made out against the accused irrespective of the fact that whether the prosecutrix was a consenting party or not, then certainly, the prosecution cannot be quashed merely on the ground that at a later stage the prosecutrix has entered into a compromise," the court said.

While making the observations, the judge also referred to the Supreme Court's 2014 judgments where it had said, "Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society".

What's Your Reaction?

like

dislike

love

funny

angry

sad

wow

Keep advertising to get more people

You could reach thousands of more people for every ₦1,000 you spend. https://doacweb.com/advertising

Adverts on doacWeb can be informative, educative or persuasive in nature.

doacWeb Ads is always directed at a broad audience (reaching thousands of people day by day), not few individuals — it deliver your advert to the target audience at the same time. Putting your offer in front of the right people — who have the money and interest in what you sell.

doacWeb Advertising gives you advantage as adverts passes through https://doacweb.com to the internet, reaching millions of people over the internet, and to grow your audience.

Grow your business, Be known, Boost your visibility, Drive engagements, Get new customers and Increase sales.

doacWeb acts as a global advertising media, to let people — individuals — and businesses, to promote and reach more interested people.

Get Started.

WhatsApp: 09031633831

Email: info@doacweb.com
Keep advertising to get more people

You could reach thousands of more people for every ₦1,000 you spend. https://doacweb.com/advertising

Adverts on doacWeb can be informative, educative or persuasive in nature.

doacWeb Ads is always directed at a broad audience (reaching thousands of people day by day), not few individuals — it deliver your advert to the target audience at the same time. Putting your offer in front of the right people — who have the money and interest in what you sell.

doacWeb Advertising gives you advantage as adverts passes through https://doacweb.com to the internet, reaching millions of people over the internet, and to grow your audience.

Grow your business, Be known, Boost your visibility, Drive engagements, Get new customers and Increase sales.

doacWeb acts as a global advertising media, to let people — individuals — and businesses, to promote and reach more interested people.

Get Started.

WhatsApp: 09031633831

Email: info@doacweb.com
Keep advertising to get more people

You could reach thousands of more people for every ₦1,000 you spend. https://doacweb.com/advertising

Adverts on doacWeb can be informative, educative or persuasive in nature.

doacWeb Ads is always directed at a broad audience (reaching thousands of people day by day), not few individuals — it deliver your advert to the target audience at the same time. Putting your offer in front of the right people — who have the money and interest in what you sell.

doacWeb Advertising gives you advantage as adverts passes through https://doacweb.com to the internet, reaching millions of people over the internet, and to grow your audience.

Grow your business, Be known, Boost your visibility, Drive engagements, Get new customers and Increase sales.

doacWeb acts as a global advertising media, to let people — individuals — and businesses, to promote and reach more interested people.

Get Started.

WhatsApp: 09031633831

Email: info@doacweb.com