Prayagraj: The Allahabad High Court has refused to quash a case of unnatural sex registered under the provisions of the Protection of Children from Sexual Offences (POCSO) Act and Indian Penal Code (IPC) against a person on the basis of compromise, observing that the accused is a serial sodomist and was found involved in two other separate cases and repercussions of this serious offense are writ large on the psychology and behaviour pattern of the child.
Victim mustered courage to register an FIR against accused only after three years because of fear of exposure to society: High Court
Justice Vinod Diwakar noted that the statement of the victim suggests that he was put to unnatural sex by the accused when he was 13-year-old and the accused was exploiting the child for last three years and the victim mustered courage to register a First Information Report (FIR) against the accused only after three years because of fear of exposure to the society, as the accused had recorded the incident in his mobile phone and physically assaulted the victim.
If instant FIR is quashed, a wrong signal would go to society: High Court
The High Court also noted that two distinct and separate cases of similar nature were quashed by a coordinate bench on the basis of compromise. It, however, said that the compromise in the instant case would amount to plea bargaining which is impermissible in India and that if the instant FIR is quashed, a wrong signal would go to the society and it will encourage the accused to exploit many more innocent children.
Offense is serious and repercussions are writ large on psychology, behaviour pattern of child: High Court
“The offense is serious and repercussions are writ large on the psychology and behaviour pattern of the child, additionally, if the allegations are proved then the applicant may be awarding life imprisonment up to natural life. The applicant is a serial sodomist and was found involved in two other separate and distinct cases, therefore, keeping in view the severity of the punishment and menace of exploitation of child by the resourceful person, this Court do not find any force in the applicant’s case even though two distinct and separate case of similar nature are quashed by the coordinate bench on the basis of compromise,” the High Court said.
Victim child was blackmailed for next three years by threatening victim to viral video
The first incident of unnatural sex was committed upon the victim by giving the sedatives in cold drink and the accused recorded the act on his mobile phone, thereafter the victim child was blackmailed for next three years by threatening the victim to viral the video in case the victim would not compromise. The victim was also scolded, thrashed and given beatings by the applicant.
The High Court further said that sexual offenses against children are among the most heinous crimes, leaving deep and lasting scars on the victims and the psychological effects of such trauma are profound and multifaceted, impacting a child’s mental health, emotional stability, and social interactions and affect every aspects of their lives. The trauma can lead to a cascade of emotional, behavioral, and social problems that persist well into adulthood, it added.
What did the accused submit?
The accused filed the plea on the basis of compromise entered into between the parties and his counsel submitted that the matter has been compromised between the parties and no fruitful purpose would be served by keeping the matter pending. The counsel further submitted that the dispute between the parties is related to money transaction.
The counsel for the accused submitted that the father of victim had borrowed Rs.40,000 from the accused to purchase buffalo in January 2021 with assurance to return the same within a period of next three months and it was also assured by the father of the victim that he would provide two liters of milk to the accused everyday. However, neither the borrowed money was returned nor the milk was provided and when the accused applicant demanded money, he was slapped with a criminal case by the victim’s father, the counsel added.
Prosecution, complainant opposed the plea of the accused
The prosecution and the complainant opposed the plea of the accused, submitting that there are serious allegations of committing unnatural sex by the accused with a minor boy and the similar allegation has also been alleged by different victims against the accused.
