Marriages helping secure acquittals in Pocso cases?

NEW DELHI: In as many as 90 instances registered beneath Protection of Children Against Sexual Offences Act over 5 years across district courts in Kerala, the reason for acquittal lay in the fact that the accused married the survivor and the latter testified to the similar. At least three of these survivors who married the accused had been simply 15- years- outdated at the time of occurrence of the offence and 3 others had been even more youthful. In round 68 instances, the survivor was in the age group of 16-17 years at the time of the occurrence of the offence.

At a consultation organised by means of voluntary organisation "Independent Thought" in the capital on fighting child marriage and associated challenges beneath quite a lot of rules, recommend Soumya Bhaumik presented the Kerala data as a case study in line with a scrutiny of district courtroom judgments.


"It has come out that one of the major reason for acquittal has been due to the fact that accused person has married the victim girl after the registration of the offence. Half of the victim girls were of the age group of 17 years. Figures also show that those who were below 15 at the time of offence have also married the accused. This projects a worrisome scenario as it is possible that they may have married as minors and that is a violation of the Prohibition of Child Marriage Act 2006," Bhaumik pointed. "The other concern is that after the registration of crime there is considerable delay in the commencement of trial, and it is in this intervening period that marriages have happened (alleged accused have been released on bail)," he added.


Sharing case research, Bhaumik pointed that "It is recorded in one of the judgment that accused married the victim girl after she attained majority and they have children also. In another case, accused who happened to be victim girl's stepbrother is now husband of the survivor." He added that most of these instances show there's need to perform follow-up on those instances to determine the couples are main a contented married lifestyles or there are instances the place the accused person who married the survivor has abandoned her.


Another study at the implementation of Pocso in Delhi and Mumbai, recommended by means of HAQ: Centre for Child Rights and the Forum Against Sexual Exploitation of Children (FACSE), presentations that many acquittals in Pocso instances have happened because the accused and survivor had been established to be in a "romantic relationship." This data brings back center of attention at the better factor of assessment of the age of consent debate in the context of Pocso so far as consensual intercourse between minors is worried.


Based on data accumulated for the period 2012-15, it got here via that out of 386 instances disposed of in Delhi and Mumbai, 92 instances (24%) ended in conviction. More than three-fourths of the disposed instances in Delhi - 286 instances (78%), had been acquitals. Most acquittals in Delhi had been in instances in relation to youngsters elderly 16 to 18 years (72 out of 231), whereas in Mumbai, it was in instances of children elderly 13 to 15 years (four out of eight). Maximum acquittals the place the accused/culprit was 'known' to the child are instances of romantic relationship (39%), adopted by means of instances the place the accused/culprit is a neighbour (25%), and instances the place the accused/culprit is a relative (19%).
Marriages helping secure acquittals in Pocso cases? Marriages helping secure acquittals in Pocso cases? Reviewed by kailash soni on October 14, 2018 Rating: 5
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