Courts should consider subsequent events in POCSO and rape cases when deciding quash petitions, especially in tribal customs.

For Petitioner : Mr.E.Sathiyaraj For R1 : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor ORDER The petitioner/accused in Spl.S.C.No.117 of 2022 facing trial for the offence under Sections 5(j)(ii), 5(l) and 6(1) of Protection of Child from Sexual Offences Act (POCSO Act) and Sections 376(2)(n) and 376(3) of IPC filed this quash application.

2.The case of the prosecution is that the Child Welfare Officer, Tiruvannamalai lodged a complaint stating that the victim in this case is a minor tribal girl belonged to Jamunamarathur. 1½ years prior to the complaint, the victim and the petitioner who also belong to tribal community, both were in love relationship. Taking advantage of the minor girl, the petitioner promised that he would marry her and committed penetrative sexual assault on the victim on several occasions and the victim became pregnant. For medical treatment, the victim went to the Primary Health Centre, Jamunamarathur where she was found pregnant. On enquiry, the victim informed that from 2022 the petitioner committed penetrative sexual assault and he is the reason for her pregnancy. Information was sent to the Child Helpline and on 03.06.2022 the victim rescued from her house and kept in the reception Home for the Child Welfare Committee. Thereafter information was sent to the defacto complainant/Child Welfare Officer, who lodged a complaint. On her complaint, case registered, the statement of victim recorded, the victim was sent for medical examination and thereafter pregnancy was aborted. Thereafter the accused arrested, DNA test confirmed that the accused is the reason for victim's pregnancy and on completion of investigation, charge sheet filed before the Trial Court listing 23 witnesses.

3.The contention of the learned counsel for the petitioner is that the petitioner and the victim, both belong to Scheduled Tribe community which is not governed by Hindu Marriage Act. For the tribal people, the custom and usage gains primacy and they follow their custom. In this case, there was no difference of opinion between the petitioner and the victim, both were in love with each other for quite sometime and further, the parents of the petitioner and victim had no objection on their relationship. Both petitioner and victim had physical relationship and the victim not informed about her intimacy with the petitioner to her parents. When the victim's menstruation period skipped and she was feeling sick, she was taken to Primary Health Centre, Jamunamarathur where the Doctor found that the victim was pregnant for five months. Thereafter the victim came back and she was with her family members. Message sent from Primary Health Centre to the Child Welfare Officer who thereafter deputed two persons to conduct enquiry and on confirming the pregnancy, the Child Welfare Officer lodged a complaint. In this case, there is no complaint by the victim or her family members or any Villagers. The entire Jamunamarathur is a hill range and all natives are tribal people. Further, the Government placed restriction for outsiders to buy property or settle there to maintain the tribal people status and the demography of the land, only for official reasons people visit this hill range. Even after registration of the case and the petitioner being kept in Jail, still the victim resides along with the petitioner's family members and they are taking care of the victim's welfare and providing all support. The victim's parents not objected to the same and they approved the relationship of the victim with the petitioner's family. In support of the same, the victim and her mother filed a supporting affidavit confirming the relationship and their inclination not to proceed against the petitioner, otherwise it would cause irreparable damage and a