The Bombay High Court has ruled that a POCSO case cannot be quashed merely because the accused has since married the victim and fathered her child, Live Law reported. The court underlined that the accused, then 27, knowingly took a minor girl, below 18, away from her parents’ lawful custody and engaged in a physical relationship, leading to pregnancy and childbirth while she was still underage. A bench comprising Justices Nandesh Deshpande and Urmila Joshi-Phalke, on September 26, held that the subsequent marriage under Muslim rites does not absolve the accused of criminal liability under the POCSO Act, stating, “The acts of the applicants cannot be brushed aside.” HC on Sex After Fake Marriage Promise: False Pledge To Marry Invalidates Consent, Says Bombay High Court; Upholds Man’s Conviction in Rape Case.

POCSO FIR Cannot Be Set Aside Due to Marriage and Birth of Child, Says Bombay HC

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