Court recognized the exceptional circumstance of marriage between the accused and victim as grounds to compound non-compoundable offences and set aside conviction.

JUDGMENT :

M.G. UMA, J.

Learned counsel for the appellant and learned counsel for respondent No.2 filed the application under Section 359(8) read with Section 528 of the Bharatiya Nagarika Nyaya Sanhita, 2023 , seeking permission to compound the offences punishable under Sections 366A , 376(2)(n), 342 and 506 of the Indian Penal Code, 1860 (for short ‘ IPC ’) and under Section 6 of the of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’), vide judgment passed in Special Case (POCSO) No.59/2019, on the file of II Additional Sessions Judge, Kalaburagi, arising out of Crime No.98/2019 of Afzalpur Police Station, Kalaburagi.

2. The appellant has sworn the affidavit in support of the application, which reads as under:

“I, Ambarish S/o. Sharanappa Hoonalli, Age: 31 years, Occ: Driver, R/o. Shivoor Village, Tq: Afzalpur, Dist: Kalaburagi today at Kalaburagi, do hereby on solemnly affirm state on oath as under.

1. I am the appellant in the above case. I know the facts of the case. Hence, I am swearing to this affidavit accompanying application for compounding of offences.

2. I state that, the contents of main petition be read part and parcel of the affidavit seeking to compounding of offences.

3. I state that, I had consensual love affair with victim due to which on the opposition against such affair the father of the victim lodged the complaint against me by alleging sexual assault against the victim and same was registered in Crime No.98/2019.

4.I state that, due to victim being major at the time of offence and due to marriage of the victim fixed with another person, that to avoid such marriage and to sustain our love affair with her consent both had eloped together, but due to opposition of the family members victim had returned back to her house. Thereafter, the complaint was filed against me for the offences alleged in the FIR and charge sheet.

5. I state that, due to intervention of elders of the Village and well wishers of both the families a amicable settlement had reached to perform the marriage of myself with the victim, but inspite of victim and all the witnesses to prosecution case not supporting the case of prosecution the Trial Court without considering the authenticated age proof of victim in respect of her Aadhaar Card and PAN Card showing her to be major had convicted me for the offences.

6. I state that, during the pendency of the appeal due to amicable settlement of the matter the affidavits were filed by the complainant and the victim in support of suspension of sentence and bail, based on the affidavits of the victim and the complainant this Hon'ble Court by order dated: 22.04.2022 was pleased to allow the application and enlarge the appellant on bail.

7. I state that, after the suspension of sentence and enlarging me on bail the elders of the family performed a simple marriage at a temple on 24.03.2023, thereafter myself along with the victim is leading a happy married life without any disturbances in life.

8. I state that, in view of the amicable settlement of entire dispute and marriage between myself and victim with both in settled married life, the order of this Hon'ble Court in situation of upholding the order of Trial Court will disturb our married life and put our entire life into difficulty and hardship.

9. I state that, to avoid such circumstances this application is filed before this Hon'ble Court to consider the fact of marriage between appellant and victim and both leading a happy married life to compound the offences by setting aside the order of conviction passed by Trial Court.

10. I state that, the allowing of the accompanying application though it is non- compoundable offence this Hon'ble Court by