The Allahabad High Court recently quashed a POCSO case against Gufran Shaikh, noting that the victim, who was a minor at the time of the incident, was now happily living with the accused as his wife. The court granted bail to Shaikh, who had been charged under Sections 363, 366, 376 IPC, Section 3/4 of the Protection of Children from Sexual Offences Act, 2012, and Section 3(2)(v) of the SC/ST (Prevention of Atrocities Act), 1989.
Shaikh had approached the Allahabad High Court with a Section 482 CrPC petition, seeking to quash the FIR filed against him. His lawyer, Aftab Alam, argued that the victim had married him out of her own free will and was living with him without any coercion or threats.
The court referred to a similar case in the Meghalaya High Court (Olius Mawiong & Anr. vs. State of Meghalaya), where the court quashed a POCSO case on the grounds that the accused and the victim were living together as a married couple. The Allahabad High Court observed that while the POCSO Act deals with cases of sexual assault and penetrative sexual assault involving minors, other factors such as consensual sex within marriage should also be taken into consideration.
The bench noted that the victim had eloped willingly, out of love and affection, and married the accused without any coercion. The victim also stated in her Section 164 Cr.P.C. statement that she had left home of her own accord and married Shaikh.
The court emphasized that continuing the criminal proceedings would serve no useful purpose, as both the accused and the victim were living together happily as husband and wife. As a result, the court decided to quash the entire criminal case.
This case highlights the complexity of POCSO cases involving minors, particularly when consent and marriage play a role. The ruling is an example of how courts may weigh various factors beyond the literal application of the law.
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