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Criminal machinery alleging serious offences under I.P.C & POCSO, cannot misuse it: Gujrat HC

The Gujarat High Court, while quashing a rape case against a boy lodged by his minor 'wife' who alleged that she was forced to maintain physical relationship by her husband against her wishes, held that "the criminal machinery alleging such serious offences under I.P.C and POCSO cannot be allowed to be misused and the parents of such children who resort such tactics cannot be let-off easily without fastening any accountability. Sufficient time has been devoted by the investigating authority in conducting the investigation. The prosecutrix was also produced before the concerned Magistrate. A great deal of time is consumed of this Court including the registry. Hence, in order to avoid such misuse of the penal provisions, I am of the considered opinion that the time is ripe to fasten the liability for sheer wastage of time of State and the Court. Hence, I consider appropriate to impose a cost of Rs.30,000/-"

The court observed that the complaint against the boy was lodged by his wife at the behest of her parents as a counter blast to another complaint lodged by the boy's parents


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