It Is A Case Of Romeo Juliet: Madras High Court Quashes Case Against Man Accused Of Kidnapping Teenager
The Madras High Court quashed a case registered against a man who was accused of kidnapping a teenager after noting that it is a case of 'Romeo and Juliet' which ended successfully in marriage.
The Court was hearing a Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the said proceedings in the case registered under Section 366(A) of IPC and Section 6 of Prevention of Children From Sexual Offences Act, 2012.
The bench of Justice G. Jayachandran observed, “It is the case of Romeo and Juliet, which ended successfully in marriage and the enlargement of the family by the birth of a child.”
Brief Facts-
A 16-year-old girl eloped with a 21-year-old auto driver. Her mother filed a missing person report, which led to a kidnapping case registered under Section 366(A) of IPC and Section 6 of the Prevention of Children From Sexual Offences Act, 2012. During the trial, both the girl and her mother turned hostile. The girl testified that she married the accused willingly, and they now live together with their daughter.
The Court noted that the judicial system has to deal with the strict compliance of law to be enforced in these cases or with humanitarian reasons, it has to be dealt with.
The Court further noted that unfortunately, POCSO Act is silent. That silence in fact caused the young couple forced by physical attraction to commit the crime, which prescribes capital punishment.
While noting that to meet the ends of justice the prosecution against the husband has to be quashed the Court said, “the inherent power under Section 482 of Cr.P.C, is really meant for the cases of this nature.”
The Court said that if the prosecution is not quashed, instead of protecting the minor girl, who attained majority, it will create vulnerability for her and force her to exploitation, which precisely intends to be prevented under the POCSO Act.
Accordingly, the Court allowed the Criminal Original Petition and quashed the case.
Cause Title: Balaji@ Panai Balaji v. State Rep.by Inspector of Police
Appearance:
Appellant: Adv. J.William Shakesphere
Respondent: G.A. K.M.D.Muhilan
