'Marrying victim won't invalidate POCSO': Madras HC sentences man to 10 years in jail

The Madras High Court has reversed a trial court's judgment, which had acquitted the accused of charges under the POCSO Act, and sentenced him to 10 years of simple imprisonment (SI).

In an order passed recently, Justice P Velmurugan allowed an appeal filed by the state government, challenging an order of the Special Judge, Magalir Needhimandram, Udhagamandalam in Nilgiris district, dated November 30, 2022.

As per the case, the man and the victim were neighbours and lovers. Upon learning about this, her parents quarrelled with him. Fearing that her parents would give her into marriage with some other person, she approached the accused, who took her to her relatives' places and stayed there for some days.

Thereafter, upon learning that her parents had made a complaint to the police, he brought her back to her place. Since the accused had a sexual relationship with the minor, who was 17 years old at the time, the police registered a case for offences under the provisions of the POCSO Act, the prosecution added.

Reversing the lower court verdict, the High Court, after re-appreciating the entire evidence produced by the prosecution and considering the scope and object of the POCSO Act and also the statement of the victim, found that the accused has committed the offence under Section 3, punishable under Section 4 (1) of the POCSO Act.

The judge said further that the offence under the POCSO Act was not against an individual, but against society. Hence, the subsequent marriage between the accused and the victim will not take away the offence committed by the accused when the victim was a child.

If the defence of subsequent marriage or elopement were accepted, then the purpose of the enactment of the POCSO Act would be defeated. "In case this proposition is accepted, in my opinion, it will lead to disastrous consequences", the judge added.