Rape Accused marries Survivor but High Court refuses to quash Case against him

  

Citing the Apex Court’s dictum on exercising power under section 482 of the CrPC, the Karnataka High Court has refused to quash proceedings against a youth accused of raping a minor girl. He had later married the survivor.

Citing the Gian Singh case, Justice HP Sandesh noted that the power of the High Court in quashing criminal proceedings or FIR or complaint in exercise of its inherent jurisdiction under section 482 of CrPC is distinct & different from the power given to a Criminal Court for compounding offences under section 320 of Criminal Procedure Code, which can be exercised only when the parties have settled their dispute.

“Before exercising power under section 482 of CrPC, the high court must have due regard to the nature & gravity of the crime & social impact. In the present case, the accused has committed the offence of rape against a minor girl, which attracts the provisions of IPC and Pocso Act. The apex court has specifically held that in case of the serious offence of rape, the court cannot exercise power under section 482 of CrPC, & the same will have an impact on society,” the Judge said in his order passed on Oct 28.

Incidentally, both the accused & the girl had approached the Kalaburagi bench of HC seeking quashing of the proceedings before a special court at Basavana Bagewadi in Vijayapura district, claiming that they have since married & have a child. It was argued that no purpose would be served if the proceedings were continued.

The girl also alleged that she was nineteen years old at the time of the alleged incident. However, declining to accept the submissions, Justice Sandesh pointed out that when the accused has committed an offence under section 376 of IPC against a minor girl, even if she has given her consent, it is not considered consent at all.

Regarding the contention that she was a major at that time, the judge said whether she was a minor or major has to be adjudicated before the trial court & the HC cannot appreciate the said fact.

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(With input from news agency language)

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