POCSO ACT CANNOT BE COMPOUNDABLE EVEN IF THE VICTIM IS READY TO SWEAR IN - MADRAS HC

18th March 2021

The Madras High Court was hearing a criminal miscellaneous petition u/s 482 and 391 of CrPC. A case was registered against the petitioner u/s 5(I) r/w 6 of POCSO and after trial. The victim was 17 yrs old when the accused falsely promised to marry her and forcefully repeatedly penetrated sexual intercourse against the victim's will. The victim during the trial and PW stated that the act was against her will.

In 2021 this present petition was filed before HC seeking reexamination of the Victim and to support the contention sworn in the affidavit filed by the victim. In the said affidavit, the victim stated "that they fell in love over two-four years and wanted to get married, but due to family circumstances, they could not. Hence, it is prayed that this Honourable Court may be pleased to allow the above Appeal considered his Suspension of Sentence on the ground of consensual affairs.”

The Court, after hearing held, "Even assuming that the victim girl had fallen in love with the appellant and admitted that they were living for four years, provisions of the POCSO Act will still attract. It is not a compoundable offence. Subsequently, she cannot turn it to compound the offence. Once the victim girl complains that the appellant has committed the offence and the case has been registered, it is an offence against the State. Hence the petition has been dismissed.

Author: Papiha Ghoshal