Kerala High Court Rules Marriage Cannot Bar POCSO Prosecution
The court sent the case to trial and said claims of religious or informal marriage do not block prosecution for sexual offences against anyone under 18.
Overview
- The Kerala High Court, which dismissed the accused’s plea on Monday, refused to quash the FIR and ordered criminal proceedings to continue against a 27-year-old man.
- Justice Jobin Sebastian held that intercourse with a person below 18 can attract aggravated penetrative sexual assault under the POCSO Act and rape under Section 376 of the IPC.
- The accused said he had married the complainant on July 23, 2021 when she was 17, but the court found no documentary proof of solemnisation and left the question of legal marriage to the trial court.
- The First Information Statement alleges the accused kidnapped the girl, confined her and repeatedly forced sexual intercourse over four days, and also faces charges over pornographic material and alleged aide involvement by family members.
- The court relied on Supreme Court precedents including Independent Thought and Khaledur Rahman to reject reliance on Exception 2 to Section 375 IPC, a ruling that could affect how personal or religious ceremonies are treated in cases involving minors.