[POCSO] Bombay High Court quashes rape FIR after survivor consents to close case to focus on studies

The Bombay High Court recently quashed a first information report (FIR) against a man booked for rape and sexual assault against a minor after she granted her consent to quash the criminal proceedings claiming she wanted to focus on her academic career [Ganesh Shankar Pilane vs The State of Maharashtra & Ors.]..A bench of Justices PB Varale and SM Modak examined an affidavit of no-objection filed by the survivor which said that the criminal proceedings would end up being a hurdle to her academic career."In her desire to prosecute the academic course and further studies, the pendency of the criminal proceedings and trial would be an hurdle. It seems that the respondent No. 2 is adopting an approach of leaving behind her baggage of past and proceeding further in the life concentrating on the positive side for better future,” the Court noted from the affidavit.The survivor and the accused were students at a private college where they met and got acquainted. The survivor was prosecuting her studies in class 12 while the accused-petitioner was pursuing first year of degree course as an external student.Their friendship resulted in a relationship and it was alleged that in November 2019 the accused took the survivor to an unknown place and forcibly had sexual intercourse with her. The survivor did not disclose the incident to anyone due to fear and apprehension of defamation in the society.After sometime, because of mental trauma, she disclosed the incident to her grandfather and subsequently, a FIR was lodged against the accused for offences of rape under Section 376 IPC and for penetrative sexual assault and aggravated penetrative sexual assault under Sections 4 and 5 of the Protection of Children from Sexual Offences Act (POCSO Act). The accused then approached the High Court seeking to quash the FIR against him with consent of the victim.A mandatory procedure for quashing by consent is for the victim to place on record a no-objection on affidavit.Accordingly, the victim filed an affidavit which was examined by the Bench.The prosecution vehemently opposed the plea contending that even if parties had reached an agreement, the nature of offences was serious and the case should not be quashed. In view of the no-objection for quashing the criminal proceedings, the Bench concluded that even if the proceedings are allowed to continue, there is hardly a chance of conviction being recorded against the applicant.Despite the serious offences charged against the applicant, the Court observed in its order, that it could not loose sight of the fact that the victim had reiterated her free will to prosecute her academic career and concentrate on her studies..The Court, therefore, allowed the plea and the FIR was quashed.Advocate Nitin Gaware Patil appeared for the accused while advocate Rokade Narayan Gopinath appeared for the survivor. Public Prosecutor AS Pai represented the State. .[Read Judgment]

[POCSO] Bombay High Court quashes rape FIR after survivor consents to close case to focus on studies

Satyendra Wankhade

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