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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G.Girish
Muhammed Rahees – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER:
G. Girish, J.
The petitioner is the accused in Crime No.36/2025 of Kakkur Police Station, Kozhikode District. The offence alleged against him are under Sections 376(1) , 376(2)(n) , 354D(2) and 450 of the Indian Penal Code ( IPC ), Sections 63(a), 64(2)(m), 78(2), 87 and 332(b) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3(a) r/w 4(1) and 11(iv) r/w 12 of the Protection of Children from Sexual Offences Act (for short ‘POCSO Act’)
2. The prosecution case is that on 21.11.2021 at about 07:30 p.m, the petitioner committed penetrative sexual assault on the de facto complainant, aged 17 years, at her residence, ignoring her resistance. It is alleged that while perpetrating the above crime, the petitioner gave the promise of marriage to the de facto complainant to pacify her. Thereafter, the petitioner is alleged to have indulged in sexual intercourse with the de facto complainant on three occasions in the year 2023 by inducing her to believe that he would marry her. On 15.08.2024 also, the petitioner allegedly resorted to sexual intercourse with the de facto complainant at her house with the offer of marriage. Lateron, the petitioner retracted from his promise to marry the de
Serious offences, including rape, cannot be compromised or quashed based on the victim's wishes due to their significant societal impact.
The High Court ruled that serious offences like rape cannot be compromised or quashed, ensuring public interest in prosecuting such crimes.
Ends of justice are higher than ends of mere law though justice has got to be administered in accordance with laws enacted by Legislature.
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C.
Point of law: Section 320 of Cr. P.C does not limit or control exercise of powers vested in Court under section 482 of Cr.P.C
Offence under Section 376 IPC is non-compoundable – By simply entering into compromise, charges cannot be said to have been mitigated or quashed as offence is against dignity of women as well as publ....
Marriages following sexual assault allegations can justify quashing of criminal charges to promote family stability and justice.
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