Allahabad High Court Rejects Compromise In POCSO Case

A bench of Justice Vinod Diwakar said that the case registered under the Protection of Children from Sexual Offences Act cannot be terminated on the basis of compromise between the accused and the victim's family as the accused was a serial sodomist and the act would leave permanent wounds on the mind of the victim child.

Prayagraj (Uttar Pradesh): In a significant judgment, the Allahabad High Court has observed that a case registered under the Protection of Children from Sexual Offences Act cannot be terminated on the basis of compromise. The court said that sexual crimes against children are one of the most heinous crimes, which leave deep and permanent wounds on the mind of the victim child and affects the mental health, emotional stability and social relations of children.

Justice Vinod Diwakar made theremarks while refusing to quash a POCSO Act case against the accused owing to a compromise between the accused and the victim's family. The court said that the accused was a serial sodomist as he was "found involved" in two similar cases.

"The applicant is a serial sodomist and was found involved in two other separate and distinct cases, therefore, keeping in view the severity of the punishment and menace of exploitation of child by the resourceful person, this Court do not find any force in the applicant's case even though two distinct and separate case of similar nature are quashed by the coordinate Bench on the basis of compromise," the court said.

Justice Vinod Diwakar made the remark while rejecting the bail application of accused Ram Bihari. Ram Bihari was booked under various sections including POCSO in Jalaun's Thana Kotwali in 2021 for committing unnatural sex with a minor. The accused filed an application in the High Court on the basis of compromise and sought cancellation of the case.

The petitioner's lawyer said that the victim's father had borrowed Rs 40,000 from the petitioner to buy a buffalo in January 2021 and the money was not returned. When he asked for the money back, the victim's father filed a criminal case against him, the accused's lawyer said. Both the parties have reached a settlement and the accused party had filed an application in the court to cancel the case.

However, the government lawyer opposed the cancellation of the case under the POCSO Act arguing that doing so will send a wrong message to the society as the accused will be encouraged to exploit innocent children. The court said that the victim child was subjected to unnatural sex when he was 13 years old. The child gathered courage to file a complaint after three years, the court said. The court said that the crime is serious and it will have a huge impact on the child's psychology and behavior, so there is no basis for canceling the case.