Child sexual abuse cases under POCSO Act cannot be quashed on compromise between parties: Allahabad High Court
Updated On : April 15, 2024
In a landmark decision, the Allahabad High Court has ruled that child sexual abuse cases filed under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be dismissed based on any compromise between the accused and the victim. The court emphasized that the minor's consent is irrelevant once charges are filed under this Act, highlighting the seriousness of such offences.
The ruling was delivered in the case titled Sanjeev Kumar v State, where the accused, facing charges under IPC sections 376 (rape) and 313 (non-consensual miscarriage), along with sections 3 and 4 of the POCSO Act, sought to have the summons and cognizance orders against him quashed citing a compromise reached post-FIR filing.
Justice Samit Gopal, who presided over the case, rejected this argument, stating that the nature of the crimes under the POCSO Act is severe, and the dignity and honor of the victim cannot be undermined by any form of compromise. "It is, thus, clear that where the accused is facing trial for the offence of rape, then the factum of compromise under no circumstances can be of any help to him. They are crimes against the body of a woman. The honour of a woman cannot be put to stake by compromise or settlement," the Court declared.
The court further referenced a Supreme Court judgment reinforcing that prosecutions under special statutes like the POCSO Act cannot be quashed based on compromise. This assertion holds even if the victim agrees to a compromise after the initial filing.
The allegations involved in this case were severe, with the state's counsel highlighting repeated sexual assaults over three years, beginning when the victim was about 15 years old.
This ruling not only underscores the commitment of the judicial system to uphold justice in sexual offence cases against minors but also sets a significant precedent. It asserts that the interests and protection of minors in such sensitive cases take precedence over any settlements or compromises, thereby ensuring that perpetrators of such heinous crimes face the full force of the law.
Child sexual abuse cases under POCSO Act cannot be quashed on compromise between parties: Allahabad High Court
April 15, 2024
In a landmark decision, the Allahabad High Court has ruled that child sexual abuse cases filed under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be dismissed based on any compromise between the accused and the victim. The court emphasized that the minor's consent is irrelevant once charges are filed under this Act, highlighting the seriousness of such offences.
The ruling was delivered in the case titled Sanjeev Kumar v State, where the accused, facing charges under IPC sections 376 (rape) and 313 (non-consensual miscarriage), along with sections 3 and 4 of the POCSO Act, sought to have the summons and cognizance orders against him quashed citing a compromise reached post-FIR filing.
Justice Samit Gopal, who presided over the case, rejected this argument, stating that the nature of the crimes under the POCSO Act is severe, and the dignity and honor of the victim cannot be undermined by any form of compromise. "It is, thus, clear that where the accused is facing trial for the offence of rape, then the factum of compromise under no circumstances can be of any help to him. They are crimes against the body of a woman. The honour of a woman cannot be put to stake by compromise or settlement," the Court declared.
The court further referenced a Supreme Court judgment reinforcing that prosecutions under special statutes like the POCSO Act cannot be quashed based on compromise. This assertion holds even if the victim agrees to a compromise after the initial filing.
The allegations involved in this case were severe, with the state's counsel highlighting repeated sexual assaults over three years, beginning when the victim was about 15 years old.
This ruling not only underscores the commitment of the judicial system to uphold justice in sexual offence cases against minors but also sets a significant precedent. It asserts that the interests and protection of minors in such sensitive cases take precedence over any settlements or compromises, thereby ensuring that perpetrators of such heinous crimes face the full force of the law.
