Accused Is A Serial Sodomist: Allahabad HC Refuses To Quash POCSO Case Despite Compromise

The accused had argued that the criminal case was a result of a financial dispute.

A Bench of Justice Vinod Diwakar said, “The applicant is a serial sodomist and was found involved in two other separate and distinct cases, therefore, keeping in view the severity of the punishment and menace of exploitation of child by the resourceful person, this Court do not find any force in the applicant's case even though two distinct and separate case of similar nature are quashed by the coordinate Bench on the basis of compromise.”

Advocate Prakash Chandra Pandey appeared for the Applicant.

The Court reviewed the victim's testimony and learned that he had been subjected to "unnatural sex" at the age of 13. It was only after a delay of three years that he found the courage to report the abuse. Additionally, the accused had recorded the assault on his mobile phone, further aggravating the situation.

The Court highlighted the severe nature of the crime, noting that the psychological impact on the victim could be profound and long-lasting. The Court added, “The psychological effects of such trauma are profound and multifaceted, impacting a child's mental health, emotional stability, and social interactions and affect every aspects of their lives. The trauma can lead to a cascade of emotional, behavioral, and social problems that persist well into adulthood”.

The Court was informed that two similar FIRs had previously been dismissed by a different bench under similar circumstances. However, the State and the complainant opposed the dismissal of the POCSO Act case, arguing that doing so would undermine justice and could potentially encourage further exploitation of children by the accused.

Considering the severe implications of the offense and its impact on the victim, the Court decided to reject the plea to quash the case.

Cause Title: Ram Bihari v. State of U.P. & Anr., [2024:AHC:117945]