Gauhati High Court Upholds POCSO Case Despite Compromise in Rape Allegation
Love isn’t consent: Gauhati High Court not to quash POCSO case despite ‘compromise’
The Indian Express
Image: The Indian Express
The Gauhati High Court in Assam, India, ruled against quashing a rape case involving a minor, emphasizing that a romantic relationship does not equate to consent. The court highlighted that serious offences like rape, especially under the Protection of Children from Sexual Offences (POCSO) Act, cannot be settled through compromise between families.
- 01The court ruled that a romantic relationship does not grant consent for sexual acts.
- 02The case involves a minor, making the POCSO Act applicable.
- 03The survivor's independent consent is crucial, and she did not support the compromise.
- 04The court emphasized the serious nature of the allegations and societal implications.
- 05The case will proceed to trial, as the court found a prima facie case of rape.
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The Gauhati High Court in Assam has ruled that a compromise between the accused and the survivor's family does not invalidate serious allegations of rape, particularly involving minors. Justice Pranjal Das highlighted that while marital rape is not criminalized in India, a romantic relationship does not give a man the right to force sexual relations upon a woman. The court noted that the survivor, who was around 17 years old at the time of the incident, had consistently denied any consensual relationship with the accused. The case, which originated from a First Information Report (FIR) filed on February 1, 2025, alleges that the accused raped the minor on January 29, 2025, after entering her home in the absence of family members. The court found that the survivor's statements supported the prosecution's case and dismissed the petition to quash the proceedings, emphasizing that such serious offences cannot be treated as private disputes. The case will now proceed to trial, reflecting the court's commitment to uphold the seriousness of the allegations under the POCSO Act.
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This ruling sets a precedent for how cases of sexual assault involving minors are handled in India, emphasizing the importance of consent and the seriousness of such allegations.
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