Dismissing the plea filed by accused Sanjeev Kumar under the POCS Act, Justice Samit Gopal said: "Once the minor prosecutes that the consent of the victim is immaterial to the registration of the offence, such consent will still remain immaterial for all practical purposes " Stages including compromise. "Merely because the minor prosecutor has subsequently agreed to compromise with the applicant will not be sufficient to quash the proceedings under the POCSO Act," the court said.
The accused-petitioner has sought quashing of summons and cognizable orders as well as stay of the ongoing criminal proceedings against him before the Special Judge of POCSO Act, Azamgarh under sections 376 (rape), 31 (carrying out abortion without woman's consent) There was a demand to install it. And other sections of IPC and section 3 of POCSO Act/
The accused had moved the court on the ground that after the FIR was registered, investigation was completed and the trial court summoned the applicant for the alleged offences, a settlement was reached between the parties and hence the case is pending. The matter should be decided as per the SAI agreement.
opposing counsel
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On the other hand, opposing the plea of the accused-applicant, the state counsel said that the allegations against the accused revolve around sexually assaulting the victim over a period of three years, when the victim was around 15 years of age. Old during the commission of the alleged offence.
It was also argued that since the victim was a minor at the time of the incident, the charge sheet was filed under relevant sections, and the trial Court, finding prima facie offense against the applicant, had summoned him accordingly.
It was also argued that the petition should be dismissed as no compromise can be reached in a matter of this nature.
The accused-petitioner has sought quashing of summons and cognizable orders as well as stay of the ongoing criminal proceedings against him before the Special Judge of POCSO Act, Azamgarh under sections 376 (rape), 31 (carrying out abortion without woman's consent) There was a demand to install it. And other sections of IPC and section 3 of POCSO Act/
The accused had moved the court on the ground that after the FIR was registered, investigation was completed and the trial court summoned the applicant for the alleged offences, a settlement was reached between the parties and hence the case is pending. The matter should be decided as per the SAI agreement.
opposing counsel
,
On the other hand, opposing the plea of the accused-applicant, the state counsel said that the allegations against the accused revolve around sexually assaulting the victim over a period of three years, when the victim was around 15 years of age. Old during the commission of the alleged offence.
It was also argued that since the victim was a minor at the time of the incident, the charge sheet was filed under relevant sections, and the trial Court, finding prima facie offense against the applicant, had summoned him accordingly.
It was also argued that the petition should be dismissed as no compromise can be reached in a matter of this nature.
