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The Kerala High Court on Saturday refused to cancel a case registered under the POCSO Act. The petition was filed by the victim and her mother. In which he demanded the abolition of the case against the accused.
The Kerala High Court clarified that when the rape or serious offenses under the POCSO Act are proven under the IPC, the victim’s petition cannot be preferred to eliminate such cases.
The case cannot be canceled on the basis of the claims made by the victim and her mother. The trial court ordered that he should complete the hearing of the case rapidly and settle it within 3 months.
What is the whole matter The victim had filed a case against the dance teacher and his wife under the POCSO Act. In a statement to the police, the victim had told that when she was a minor in 2015, the dance teacher had sexual relations with her several times by promising her to work in film and reality shows. The dance teacher promised to marry and physically exploited her.
When the dance teacher married someone else, the victim told his wife about his relationship. The dance teacher’s wife told the victim that she too could marry her husband. Subsequently, the dance teacher’s wife helped and encouraged her husband’s victim to have a physical relationship.
The victim and her mother changed the statement However, when the victim was adult in 2020, she overturned all the earlier allegations in front of the magistrate. He said that the dance teacher neither raped her nor molested her. His wife also has no role in this. The victim claimed in front of the magistrate that she was forced to make false allegations against the dance teacher and his wife.
His mother had earlier lodged a complaint, she also demanded to end the case, with her allegations.
Strict stance of High Court The High Court rejected all these arguments and clearly stated that when the victim’s petition proves to be a serious crime. The court directed the accused to cooperate in the trial.
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