The order by justice Sharad Kumar Sharma came on October 21 — but has been made available now due to the long holiday break in between — after the rape survivor told the HC that she had moved on and got married to another man and didn’t want to pursue her case further.
The accused and the rape survivor were produced before the HC when the order was pronounced. The accused had also got married to another girl in the meantime. The accused’s lawyer told the court that the two were “discharging their matrimonial obligations”.
In its order, the HC said that, while exercising the inherent powers under section 482 CrPC, it is of the view that continuance of the special sessions court’s trial — in ‘State Vs Anees’ — would result in “spoiling two families, particularly when the rape victim has made a statement that she does not intend to prosecute the accused further”.
The survivor was 17 years old when she was raped in November 2020. The girl’s mother had lodged an FIR at the Rudrapur police station on November 16 the same year against the accused man on charges of kidnapping her minor daughter.
After the case had been registered by police, the girl was rescued and the accused — initially charged with abduction — arrested.
Once the medical report confirmed rape, section 376 (rape) of IPC and the Pocso Act were added in the FIR.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)