The Allahabad High Court has stayed the proceeding of a POCSO case while observing that it is society’s dark face that Indian families still feel shy to get their son or daughter married to someone from outside their caste.
A Single Bench of Justice Rahul Chaturvedi passed this order while hearing an application under section 482 filed by the victim.
By means of the application, the prayer sought by the applicants is to quash the charge sheet dated 24.03.2019 in charge sheet under sections 363, 366 IPC and Section 7/8 of POCSO Act, Police station-Bijpur, District-Sonbhadra in Special S.T pending in the court of Additional District Judge/Special Judge, POCSO Act, Sonbhadra.
Contention raised by counsel for the applicants is that both the parties are now married and residing as a happily married couple. Not only this, from this wedlock, they have given birth to a baby boy Master Shivansh on 16.09.2022. The only legal impediment is with regard to the age of the girl.
The next contention is that on the date of her medical examination i.e on 12.02.2019, her age is 17 years and on this basis, POCSO Act has been added in the array of sections.
This is the clear case of our society’s dark face, where the families still feel shy to get their son or daughter to marry inter caste. In the instant case, the victim girl belongs to the OBC community whereas the applicant boy belongs to the SC community and out of sheer love and affection, they decided to marry in their teens. This wedlock is blessed with a baby boy Shivansh having date of birth 16.09.2022. Despite all these developments, the applicant is facing the futile exercise of holding a trial.
The Court said that,
The court, after hearing the parties, records its deepest anguish, whereby this social menace is so deep rooted that even after 75 years of independence, we are fighting the cases with his opponents on this score only. The opposite party no 2 is the father of the victim who lodged the FIR and is still contesting the case against the applicant. He must have been aware that her daughter is now the mother of a small baby and he ought to have, for the bright future of his girl, withdraw the case.
This is the greatest impediment in our society but the requirement of law is that when both the parties have agreed and now they are happily residing as husband and wife with their small kid, there cannot be any impediment in accepting this marriage in the light of the judgment of the Apex Court in the case of Mafat Lal and Another Vs State of Rajasthan decided on 28.03.2022.
Hence, Ayodhya Prasad Vishwakarma, father of the girl is required to appear before the Court on 28.04.2023.
“Till then, further proceeding with regard to charge sheet dated 24.03.2019 in charge sheet under sections 363, 366 IPC and Section 7/8 of POCSO Act, Police station-Bijpur, District-Sonbhadra in Special S.T pending in the court of Additional District Judge/Special Judge, POCSO Act, Sonbhadra shall remain stayed”, the Court ordered.
The Court has fixed the next hearing of the petition on April 28, 2023.