The Kerala High Court has dismissed a petition filed by the victim in a POCSO case seeking to quash the proceedings, citing the gravity of the offences involved and the advanced stage of the trial. The Court noted that the trial was nearing completion, with evidence already presented, and only the pronouncement of judgment remaining.
The case pertains to serious allegations of aggravated penetrative sexual assault against a minor, with the accused being the victim's father. The alleged offences occurred between April 2013 and February 21, 2016, and the prosecution has charged the accused under Sections 4 read with 3, 6 read with 5(n)(l), and 8 read with 7 of the Protection of Children from Sexual Offences (POCSO) Act. Additionally, it was alleged that the accused threatened to kill the victim if she disclosed the incidents to anyone.
The victim stated in her petition that she wished to have the proceedings quashed because she and her mother had been compelled to give evidence in alignment with their earlier statements recorded by the police. She explained that she was referred to counselling at school due to her poor academic performance, during which she revealed her traumatic experiences with her father to the counsellor. Following this disclosure, a complaint was filed, and a case was registered.
The prosecution informed the Court that all evidence in the case had been submitted, and only the final judgment remained pending. It also brought to the Court's attention an earlier attempt by the accused to recall the victim and her mother as witnesses, claiming that certain important questions had not been asked. However, this petition was dismissed by the trial court, and the High Court upheld the dismissal upon further appeal.
Justice A. Badharudeen, while dismissing the current petition, observed that the victim appeared to have sought the quashing of the proceedings with the intention of nullifying the evidence she had already provided under oath. The Court emphasized that such a request could not be entertained, particularly given the seriousness of the offences under the POCSO Act. “.. where evidence was already completed, quashment of the proceedings, involving very serious offences under the POCSO Act, sought for by the victim before pronouncement of judgment, could not be allowed..” the Court stated. Consequently, the petition was dismissed, and the trial will proceed to its conclusion with the pronouncement of judgment.
![[POCSO Act] Quashing of Proceedings to Nullify Evidence Cannot Be Allowed, Even at Victim's Request: Kerala High Court](https://24law.in/default-image/default-730x400.png )
