HC reverses acquittal order, awards 10 years' jail term to accused under POCSO Act

Chennai, The Madras High Court has reversed a judgment of a trial court, which acquitted an accused in respect of charges under the POCSO Act, and awarded 10 years Simple Imprisonment to him.

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.

The prosecution case was that the accused and the victim were neighbours and they fell in love. On coming to know about this, her parents picked up quarrel 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, on coming to know that her parents gave a complaint to the police, he brought back to her place . Since the accused had sexual relationship with the minor, who was 17 years old then, the police registered a case for offences under the provisions of POCSO Act, the prosecution added.

Reversing the lower court verdict, Justice Velmurugan said this court, being an appellate Court, while re-appreciating the entire evidence produced by the prosecution and considering the scope and object of POCSO Act and also the statement of the victim, finds that the accused has committed the offence under Section 3 punishable under section 4 of POCSO Act.

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

If the defence of subsequent marriage or the elopement was accepted, then the purpose of enactment of the POCSO Act would get defeated.

"In case this proposition is accepted, in my opinion, it will lead to disastrous consequences", the judge added.

This article was generated from an automated news agency feed without modifications to text.