Karnataka HC drops POCSO & rape charges after accused marries victim

News Network
February 14, 2023

Bengaluru, Feb 14: The Karnataka High Court has cancelled criminal proceedings against a man facing charges under the Protection of Children from Sexual Offences (POCSO) Act and rape charges under the Indian Penal Code (IPC) after the victim and the accused married.

The victim had married him after turning major and the couple even had a child while the case was pending.

The bench headed by Justice K Natarajan, while looking into the petition by a resident of Mandya to quash the POCSO and rape charges under IPC sections against him, gave the verdict on Monday. The bench opined that the decision in this regard was made considering the interest of the child and the mother.

The bench remarked that the victim has attained majority now and is capable of taking independent decisions and selecting a life partner. She had married the accused and had a son out of wedlock. She has also agreed to quash the case against the accused person, the bench said.

Considering the interests of the victim, child and their future, the quashing of the POCSO case against the accused is appropriate, the court stated.

The victim's father had lodged a complaint on January 27, 2021 with the Arekere police station that when the girl had gone to her grandmother's place she went missing. The girl was found later with the accused. The police had lodged a case under POCSO and IPC sections.

The case was under trial in Second Additional District and Sessions Court in Mandya. The accused had made an appeal in the High Court.

The counsel C N Raju representing the accused submitted to the court that the accused had gone to judicial custody and after coming out on bail, married the victim on May 31, 2021. The couple are leading a peaceful life and the wife, who is also the victim, does not have any objection to quash the case.

The public prosecutor submitted that the victim had voluntarily gone with the accused as she could not bear the torture from the father. 

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coastaldigest.com news network
September 16,2024

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Mangaluru, Sept 16: In a heartwarming display of communal unity, members of Hindu and Christian communities celebrated Eid Milad—marking the birth of Prophet Mohammed—by distributing sweets and refreshments to their Muslim neighbors in Dakshina Kannada.

In Boliyar, near Konaje on the outskirts of Mangaluru, members of the local organization Geleyara Balaga surprised participants in the Eid Milad procession with an offering of sweets and cold drinks. 

The gesture of goodwill was led by Manoj, Sheena Poojary, Denis Lily, Sanat, Lokanath, Satish, Praveen, Madhu, and Valentine. Abdul Rahman, the khateeb of Boliyar Juma Masjid, expressed heartfelt gratitude for this act of kindness.

In a similar display of solidarity, a group of Hindus, draped in saffron shawls, distributed sweets and drinks to those partaking in the Eid Milad procession at Mani village, Bantwal taluk.

These acts of generosity highlighted the spirit of harmony and togetherness among different communities, celebrating the true essence of the festival.

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News Network
September 14,2024

Mangaluru: The block level and District Congress Committee presidents in the state will be changed in the next one month for better reach into society and bring in organisational fortification, said Karnataka Pradesh Congress Committee working president G C Chandrasheker on Saturday.

The All India Congress Committee and KPCC have a vision for bringing a change in how the party works with the last man and woman in the state, he said at a press conference here.

"We are looking at bringing development models into the state with a new vision. We are a party that likes to work with the opposition in the developmental aspects and keep all other matters away that do not relate to the development of the state.

"We have a great respect for the people of the coast who are considered to be forward-looking and perceptible, but it is also true that we do not have the numbers in the upper house and in the Urban Local Bodies (ULBs)," he said.

"Our endeavour is to not only create a strong pro-development workforce at the base level by strengthening the second and third level leadership in the state," he said.

Chandrasheker, who is also a Rajya Sabha member, said that he and his four colleagues of the rank of working presidents of the KPCC are going to every district to infuse the new thinking in our workers and leaders.

"This move will get a new surge considering the party is facing byelections in Shiggaon, Chennapatna and Sandhur segments and also vacant seats in the legislative council, followed by elections to the Urban Local Bodies and Panchayats" he said.

When asked about the reason for the changes, Chandrashekar said most of the people have already lived their tenures. The party wants to reward those who have not been given tickets to contest in the 2023 state assembly elections and 2024 Lok Sabha elections for political reasons.

There are quite good leaders and hard-working ground level workers who have great potential to lead the party in the coming years, he said.

"Women will get at least one top post in all District Congress Committees and block levels. There is also a move to give responsible positions for the workers and leaders coming from different strata of society, which are deliverable. The party will not shy away from it," he said.

The other two working presidents, Dr Manjunath Bhandary and Vasanth Kumar, were also present at the press conference.

Kumar said some of the regions in the state are dominated by the BJP. "We want to end this run and defeat the divisive models of the BJP." Bhandary said the Indian National Congress was aiming at a high development phase in the state and involve the opposition parties and their leaders in the development plans in the state. 

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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