Can't quash case: Karnataka HC on plea of rape accused citing marriage to survivor

24-11-2021 Wed 09:28 IST | IANS | National
Can't quash case: Karnataka HC on plea of rape accused citing marriage to survivor

Bengaluru, Nov 24: The Karnataka High Court has refused to quash the case against a rape accused after the survivor pleaded that they were now married and have a child. The high court bench while passing the order observed that the court is not quashing the case with due regard to the nature and gravity of the crime and social impact.

Both accused and victim had approached the Kalaburagi bench of High Court pleading the quashing of proceedings before a special court at Basavana Bagewadi in Vijayapura district.

It was submitted that if the legal proceedings were continued against the accused, no purpose would be served. Further, the victim claimed that she was 19 years old at the time of the incident.

However, the bench headed by Justice H.P. Sandesh refused to accept the arguments to quash proceedings against the rape accused.

The bench pointed out that, whether the girl was a minor or major is to be adjudicated before the trial court. The bench further noted that, when the accused had committed offence under IPC 376 (rape) against a minor, even if it is consented, it is not considered as consent at all.

The bench also cited the Supreme Court order and maintained before exercising power under section 482 of CrPC to quash the proceedings, 'the high court must have due regard to the nature and gravity of the crime and social impact'.

In this case, the accused is facing a charge of rape against a minor girl and was booked under IPC and Pocso Act. The Apex court is clear that in case of the serious offence of rape, the court cannot use the provision of section 482 of CrPC. It will have an impact on society, the bench opined. The order was passed on October 28.


More News
Lok Sabha discusses Bill amending higher judiciary's salaries, service conditions
7 hours ago
NITI Aayog to study geo-relief enabled governance for decision making
7 hours ago
NEET PG: Health Ministry asks SC to expedite matter, medicos continue stir
7 hours ago
TRS gets closer to opposition due to home political compulsions
7 hours ago
'Maitree Divas' marks India-Bangladesh friendship
8 hours ago
IIT-Kanpur scholar wins Young Geospatial Scientist award
8 hours ago
'KatVic' wedding: Welcome note from wedding venue goes viral
9 hours ago
First-made in India F16 wing gets certification from Lockheed Martin
9 hours ago
Balakrishna gets emotional about legendary father NTR and controversies over his death
9 hours ago
Rajiv Gandhi assassination: SC says no more putting off Perarivalan's plea
10 hours ago
Google rolls out voice, video call features to Gmail app
10 hours ago
Rs 17 lakh stolen from ATM in Andhra
10 hours ago
Sasikala calls on Rajinikanth at his Poes Garden residence
10 hours ago
'Probably first time': SC on joint request by Prashant Bhushan, Solicitor General
10 hours ago
Padma Shri awardee Nanda Kishore Prusty passes away, PM condoles demise
10 hours ago
'KatVic' wedding: Vicky's family all set to welcome Katrina with 'Mehendi' bash
12 hours ago
Malala delivers Afghan school girl's message to Blinken
12 hours ago
India better prepared to face Omicron, says health expert
13 hours ago
Samantha bares her heart on divorce: 'I thought I'd crumble and die'
13 hours ago
NIT Andhra team develops nanoparticle-powered food packaging materials
14 hours ago
T'gana journalist Teenmaar Mallanna joins BJP
14 hours ago
Prabhas donates Rs 1 crore to Andhra CM Relief Fund for flood victims
14 hours ago
Madras HC directs I-T Deptt to include Jayalalithaa's legal heirs in wealth tax case
15 hours ago
'Bigg Boss Telugu 5': Shanmukh losing popularity for manipulating Siri
16 hours ago
Man kills 3-month-old son in Delhi, arrested
16 hours ago
HP unveils new gaming notebook 'OMEN 16' in India
16 hours ago
TRS to boycott Parliament session on issue of paddy procurement
16 hours ago
Trinamool Congress leader caught on camera with gun in her hand
18 hours ago
NASA picks Anil Menon among 10 new astronauts for Moon mission
18 hours ago
179 pending fines worth Rs 42K for traffic violations, Hyd man flees again
18 hours ago