top of page
Search

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


Read/Download Judgment

CR
.MA128322020_GJHC240375062020_4_201020
Download MA128322020_GJHC240375062020_4_201020 • 377KB

Do Subscribe To Our Newsletter!

Thanks for joining us!

           DISCLAIMER:

This website has been designed only for the purposes of dissemination of legal news and providing free Legal Assistance to any person in need. This website is not intended to be a source of advertising or solicitation and the contents hereof should not be construed as legal advice in any manner whatsoever, and it does not seek to create or invite any lawyer-client relationship. The links provided on this website are to facilitate access to basic information on The Legal Laundry, and, to share the various thought leadership initiatives undertaken by it. The content herein or on such links should not be construed as a legal reference or legal advice. The office managing the website is not liable for any consequence of any action taken by the user relying on material/ information provided under this website. In cases where the user requires any assistance, he/she may seek independent legal advice.

 

                                The content of this website is Intellectual Property of the Law Office managing this website.

                                                        Copyright © 2023 TheLegalLaundry. All Rights Reserved

bottom of page