The Calcutta High Court in the case BB v. The State of West Bengal And Ors observed and has refused for quashing a POCSO case which being against a man who is accused of raping a minor girl in 2016. Thus, the accused and the victim, who being a major, are stated to have been in love when the alleged incident took place.
The single judge bench headed by Justice Shampa Dutt (Paul) in the case observed that the facts of the accused and the victim who are being married to other persons does not lessen the offence alleged, wherein the court considered the prima facie materials on record.
In the present case, a case has been lodged against the father of the victim in January 2016 against the accused-petitioner under Section 448 (Punishment for house-trespass), Section 493 (Cohabitation caused by a man deceitfully inducing a belief of lawful marriage), Section 376 (Punishment for rape) of Indian Penal Code, 1860 and Section 4 (the Punishment for penetrative sexual assault), Section 8 (Punishment for sexual assault) of POCSO Act, wherein it is alleged that the 22-year-old entered his house on 11.01.2016 around 11 a.m. and forcibly raped his minor daughter, who was of 15 years age.
Therefore, the police after the completion of the investigation filed a charge sheet against the accused-petitioner for the offences alleged. Thus, the petitioner approached the High Court for quashing the criminal proceedings for the alleged offences.
It has also been contended by the petitioner that as per the complaint, the victim and the accused were in love and as per the medical report, there being no such marks of injury in the private parts of victims.
Further, it has also been submitted by the petitioner before the court that he is a day labourer and is now a married person who is having married another woman. Adding to it, it has also been submitted that the victim is also now being married to the different person.
The court stated that the materials on record includes the medical report, the age of the victim and the statement prima facie reveal a case “being against the petitioner of committing a cognizable offence and quashing the proceedings at the stage, wherein it would amount to an abuse of the process of law/court.
Accordingly, the court dismissed the revision plea stating that the materials on record are sufficient for the case to proceed towards trial.