Allegations Of Heinous Crime Like Rape Coupled With Threat To Life Can't Be Taken Lightly: Meghalaya HC Refuses To Quash POCSO Case
The Meghalaya High Court has dismissed an application seeking quashing of FIR registered under Section 376 and 506 of Indian Penal Code read with Section 4 of the POCSO Act, 2012.
The bench of Justice W. Diengdoh observed that allegations of a heinous crime such as rape coupled with a threat to the life of the victim if she dared to reveal the incident to anyone, cannot be taken lightly.
“It may be true that after a change of heart or on extraneous circumstances, the petitioner No. 2 is persuaded to come together along with the petitioner No. 1 before this Court with this instant petition to quash the said FIR and proceedings, but the fact remains that an allegation of a heinous crime such as rape being committed and perpetrated on a woman, coupled with a threat for her life if she dared to reveal the incident to anyone cannot be taken lightly.”, the Court held.
It was alleged that in 2017, the accused being about 23 years old at present had a physical relationship with a girl when she was about 17 years old.
In 2022, the accused again approached the girl and raped her and threatened that she should not reveal the incident to her relatives or else he will kill her.
Later when the mother of the girl took her to Hospital for medical examination on her complaint of having stomach ache, it was revealed that she is pregnant following which a criminal case was registered against the accused.
The Counsel for the petitioners submitted that the petitioners have now come to an amicable understanding and decided not to spoil their future as well as the future of the child and thus seek directions to set aside and quash the said FIR.
Senior Advocate K. Paul appeared for the petitioner whereas Additional PP S. Sengupta appeared for the State.
The Court observed that it cannot turn a blind eye to the allegations of heinous crime like rape and the threat given to the girl.
The Court noted that the investigation and trial of the case cannot be thwarted by a mere asking of the parties involved.
Thus the Court dismissed the plea.
Cause Title- Bhalang Shylla & Anr v. State of Meghalaya