Child rape case can’t be settled out of court: Kerala HC
Accused trying to settle child molestation cases out of court cannot be encouraged
By : rohit raj
Update: 2014-11-15 03:54 GMT
Kochi: As a Children’s Day gift, Kerala High Court on Friday held that the accused trying to settle child molestation cases out of court cannot be encouraged. “Considering the welfare of children, any attempt to get molestation cases compounded has to be discouraged,” the court held.
Justice B. Kemal Pasha passed the order while dismissing a petition by K. Noushad of Kollam who allegedly molested his 13-year-old daughter. Naushad moved the court seeking to quash the FIR registered by Eravipuram police against him. The court also asked the police to investigate the crime and file a report as early as possible. The victim's mother had filed a complaint before the police alleging that he had committed severe sexual assault on his own daughter.
According to police, Naushad used to make frequent sexual overtures towards her and had repeatedly fondled her body parts and kissed her.
Naushad, through his counsel, submitted that the issue had been amicably settled between the parties. The victim’s mother also submitted that actually “any such incident had not taken place.”
“Her husband had behaved towards their daughter as being her father. The complaint was given before the police out of some misunderstanding. Her husband had parental affection towards the child,” she submitted.
Criticising the victim’s mother, the court observed, “It means that still the mother is paving the way for the accused to continue to molest his daughter. This is not a matter which can be compounded. At any rate, the mother of the girl cannot condone such acts done towards the minor girl,” the court observed.
“May be the mother was in between the devil and the deep sea. It seems that she has ultimately chosen to heed her husband to have a continued matrimonial life and to have his protective cover at the expense of the poor girl, who is her own daughter.”
The court observed, “The compromise, allegedly taken place between the mother and the petitioner, is liable to be thrown to the dust bin and it was not good for any purpose at all. The law does not enable any such agreement between the parties.”
The court made it clear that section 482 of the Code of Criminal Procedure is not a shelter to grave criminals indulging in dastardly acts. The police registered a case under section 354 (assault or criminal force to woman with intent to outrage her modesty) of IPC and sections under Protection of Children from Sexual Offences Act.