Can’t allow Pocso accused to reach compromise: HC

March 21, 2021

Can’t allow Pocso accused to reach compromise: HC

Pointing that any offence committed under Pocso Act is a non-compoundable offence and hence there is no room for compromise, the Madras High Court dismissed an appeal moved by a Pocso accused seeking to re-examine the victim girl as they both are living together for the past four years.

Justice P Velumurugan, before whom the appeal moved by the accused who has been sentenced to undergo 10 years’ RI for raping the said girl when she was 17 on the promise of marriage, came up, said: “Even assuming that the victim girl had fallen in love with the appellant and admitted that they are living for four years, provisions of Pocso Act attract from the time of occurrence when the girl was a minor.”

“Once the victim girl has complained that the appellant has committed the offence and the case has been registered, it is an offence against the State. Therefore, subsequent compromise will not take away the offence,” the court said holding that the victim girl cannot be re-examined.

The single judge also noted that mere falling in love is not an offence. But if a person is above 18 and has sexually assaulted a child who is under 18 years then it is an offence and any offence committed under Pocso Act is not compoundable.

The appeal has been moved by the accused to protract the case and escape from the clutches of law, Justice Velmurugan held while noting that after the completion of the examination of prosecution witnesses, the appellant convinced the victim girl and filed an affidavit.

Even in the grounds of appeal, the appellant has not raised any ground that by threat she gave a statement or evidence of rape and hence at the time of final hearing of the appeal, the plea seeking to take the sworn affidavit of the victim of living together as additional evidence is against the scope of Pocso Act, the court added.

No unnecessary adjournments in corruption cases, courts told

Holding that the very purpose and object of the Prevention of Corruption Act would be defeated if the corruption cases are kept pending for very long years, the Madras High Court has sought the trial courts to dispose of corruption cases as expeditiously as possible by avoiding unnecessary adjournments on flimsy grounds.

Expressing distress over a criminal trial pending for more than a decade, Justice SM Subramaniam said: “The criminal trial in the present case is prolonged and pending for an unreasonable time and this would provide hope for the accused persons to escape from the criminal charges.”

“Thus, urgent measures are required and unnecessary adjournments in corruption cases are to be avoided by the courts,” the judge said pointing out that efflux of time would pave way for the accused to escape the clutches of law.

“Many of the witnesses, on account of the long delay, may not come forward to depose before the courts. Change of officials also causes prejudice to the effective prosecution and trial. Thus, the prosecution is expected to expedite such criminal trials, to ensure that the corrupt officials are punished by due process of law,” Justice SM Subramaniam said disposing an appeal in a criminal case registered in 2007 and directing Anti-Corruption Department officials to cooperate for the early disposal of similar cases.