Bengaluru, Nov 24, : After the survivor claimed that they are now married and have a baby, the Karnataka High Court refused to dismiss the case against the rape victim. While passing the order, the high court bench observed that the court is not quitting the case taking into account the nature and gravity the crime and the social impact.
Both the victim and the accused had approached the Kalaburagi Bench of High Court to plead the quashing proceedings before a special court at Basavana Bagewadi, Vijayapura.
The victim argued that if the legal proceedings against the accused were not continued, it would serve no purpose.
Further, the victim claimed she was 19 years of age at the time of the incident.
Justice H.P.Justice H.P.refused to accept Sandesh’s arguments to stop the proceedings against the rape victims.
The court noted that the issue of whether the girl was minor or major must be decided by the trial court.The bench also noted that consent is not required when an accused has committed an offence under IPC376 (rape) against minors.
The Supreme Court order was also cited by the bench, and the court maintained that before exercising power under section 482 of CrPC to halt the proceedings, ‘the High Court must have due regard for the nature and gravity to the crime and its social impact’.
The accused is facing a rape charge against a minor girl.
He was booked under the IPC and Pocso Act.The Apex court clarified that the CrPC section 482 cannot be used in cases of serious rape.The bench stated that it will have an impact upon society.The order was approved on October 28.
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