Serious case of sexual assault can't be quashed even at the instance of survivor: Kerala High Court

The Kerala High Court recently held that sexual assault cases involving grave allegations cannot be quashed even at the instance of the survivor. .Justice A Badharudeen made the observation relying on the Supreme Court's recent judgment in Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors. in which it overturned a Rajasthan High Court decision which had quashed the proceedings against a teacher who was accused of sexually harassing a 15-year-old student. "Applying the same ratio in the present case, where very serious allegations of aggravated penetrative sexual assault and many other offences are alleged, quashment of the proceedings at the instance of the defacto complainant, that too, with a view to efface the evidence already recorded, could not be allowed", the Kerala High Court stated in its order. .The order was passed in a case where a man was accused of sexually assaulting his minor daughter several times over the course of three years.The case against him was registered after the girl, when she was in sixth grade, told her school counsellor about her father's actions after she was instructed in the concept of 'good touch/bad touch'.The man was charged under various provisions of the Protection of Children from Sexual Offences Act (POCSO Act).During trial, the survivor-girl and her mother gave evidence against the father. However, the survivor subsequently moved the High Court with the present plea to quash the proceedings against her father, claiming that her statements to the police and the trial court were not true. .The petition was vehemently opposed by the public prosecutor who also pointed out that the trial was at its fag end and what was remaining was only the pronouncement of verdict. .The High Court at the outset said that the relevant aspect to be noted in this case was that the accused was the father of the survivor. Moreover, the offences allegedly involved penetrative sexual assault and the survivor had already given evidence before the trial court in support of the allegations. Considering these aspects and the Supreme Court's stance on such cases, the Court deemed it fit to dismiss the petition."Having considered the factual matrix of the case, where evidence was already completed, quashment of the proceedings, involving very serious offences under the POCSO Act, sought for by the victim before pronouncement of judgment, could not be allowed and hence this petition must fail and is accordingly dismissed," the order stated..The survivor was represented by advocate Padminidevi C. Senior Public Prosecutor Renjit George appeared for the State. .Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.