PRAYER FOR COMPROMISE FILED BY THE VICTIM IN POCSO CASE
Criminal Original Petition has been filed under Section 482 of Cr.PC to call for the records made in Spl.S.C.No.138 of 2023 pending on the file of the Fast Track Mahila Court at Tiruvallore and quash the same.
A 16 years old girl was subjected to penetrative sexual offence by her music teacher aged about 35 years. When this information was brought to the notice of All Women Police Station, Avadi, through the mother of the victim girl, a case was registered. A statement under Section 164 Cr.P.C., was recorded and thereafter, Final Report filed before the Fast Track Mahila Court, Tiruvallore. The Final Report was taken on file in Spl.S.C.No.138 of 2023 for the offences under Sections 3(b), 3(d), 4(2), 11(1), 11(2), 11(4), 11(5) and 12 of POCSO Act and Section 67(B)(a) of Information Technology (Amendment) Act, 2008 and Sections 323, 366, 376(1),376(3) of IPC.
- The matter is ripe for trial. At this point of time, the victim girl along with her mother, who is the defacto complainant, has filed this petition to quash their own complaint stating that it was love affair between the victim minor girl and the music teacher, aged 35. The complaint was lodged, since the accused refused to sever the relationship. Now, the victim girl wants to get married to some other person so they are not interested in prosecuting the case.
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The victim girl and the mother of the victim girl both were present before this Court on 09.10.2023 and reiterated the content of the petition.
4 The learned counsel appearing for the petitioners citing the judgment of the Hon’ble Supreme Court and another judgment of the High Court, where the love affair between two juvenile persons, the Court had exercised its power under Section 482 of Cr.P.C to quash the complaint, since both have later married each other.
- This Court is certain that the circumstances on which those two judgments rendered do not apply to the present case. This is neither a case of infatuation between two juveniles nor consensual sex. This is a case of penetrative sex by a music teacher on the victim girl who gone to learn music from him. It is a case of seducing, intimidating and forcible sex against a child using threat.
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It is very obvious, the accused had threatened the victim and her family. On enquiry with the petitioner, this Court understand that the accused is living in the very same area. This gives an impression that this present petition is not filed voluntarily, but under some external pressure. Therefore, in the interest of justice, the respondent police is directed to give 24×7 police protection to the victim child and her family. In case, any attempt to temper the witness comes to the notice of the police or to the Court, necessary action to be taken for cancelling the bail. The Fast Track Mahila Court, Tiruvallore is directed to conduct the trial on day to day basis and complete it within a period of 60 days from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed.
PARTY: P.Jayashree .. Petitioner/Defacto complainant versus 1.The State rep.by The Inspector of Police, W-29, Avadi Alla Women Police Station, Chennai 600 054. (Cr.No.3/2023) – Crl.O.P.No.22545 of 2023 – 16.10.2023.
https://www.mhc.tn.gov.in/judis/index.php/casestatus/viewpdf/1076993
(kindly note that P.Jayashree is not the name of the victim)
