HC agrees to close POCSO case on victim’s request, Legal News, ET LegalWorld – Legal Firms

Nainital (Ukd), The Uttarakhand High Court has directed the closure of a 2020 POCSO case after the alleged rape victim pleaded that she is now married to someone and wants to live her life without the legal hassles. While hearing her application, Justice Sharad Kumar Sharma said under the law cases involving such offences are not closed in the normal course. However, continuing with the proceedings in the current matter would be futile.

Both sides have resolved their dispute and the victim also does not want the accused to be tried. Based on these facts, the court using its inherent powers under Section 482 of CrPC permits the closure of the case, the judge said.

The case is related to Udhampur district. The victim’s mother has in November 2020 complained that her minor daughter had been kidnapped. Later, the girl was rescued.

After a medical examination confirmed rape, section 356 and offences under the Protection Of Children from Sexual Offences Act (POCSO) were included in the FIR.

While the matter was being heard by a fast-track court in Rudrapur, the victim filed the application in the high court for closure of the case.

The victim said that she has “moved on” and had married someone after reaching adulthood, while the accused was also married.

Continuing the case will adversely affect both families, she said. PTI CORR DPT RT RT

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