Girl prefers marriage, Madras HC lets man off Pocso case

CHENNAI: An auto driver, who was convicted by a lower court under the Pocso Act for sexually assaulting a minor, was released by the Madras High Court after the survivor said she did not want him to be prosecuted and instead wanted to live him.

The girl, who hails from a poor, marginalised background, is being taken care of by the family of the accused, said the court. “Hence, it would be an injustice to the victim if she is made to suffer further,” held Justice M Nirmal Kumar while allowing his appeal seeking to set aside his conviction.

Also, the girl’s uncertain testimony raised doubts about the reliability of her statements, which weakened the case against the accused, said the judge, who also noted the lack of substantiated evidence.

Inconsistent evidence lacking corroboration, survivor retracting her statement, absence of key witnesses, and conflicting testimonies significantly weakened the case against the accused, held the judge.

In 2022, Pulianthope all women police registered the case against the man under the Pocso Act, based on a complaint from the Child Welfare Committee after the minor delivered a child. He told the Pocso court, Chennai, that they were in a relationship and were living together as husband and wife. Her mother, who was named the second accused, was also aware of this, he said.

In her testimony, the girl said she was in a relationship with him on her own wish and said she had no intention to lodge any complaint against him.

However, the trial court relied on the DNA report, and convicted and sentenced him to 20 years of imprisonment.

The survivor is no longer a minor and the age difference between the two alone does not necessarily disqualify their relationship as husband and wife, especially as she has expressed her desire to continue this relationship, the judge said and released the accused.