All posts tagged: Allahabad HC quashes POCSO trial

Forcing happily-married couple to face trial under POCSO Act would be irony of fate: Allahabad HC

Forcing happily-married couple to face trial under POCSO Act would be irony of fate: Allahabad HC

Representative images. | Photo Credit: Getty Images/iStockphotos Quashing criminal proceedings under the POCSO Act, the Allahabad High Court has observed that forcing a happily-married couple to face trial merely to record a hostile testimony would be an “irony of fate” and an “instrument of harassment”. In the instant case, the accused man had married the alleged victim and the latter had also favoured the quashing of the FIR and denied the allegations levelled by her father while lodging the report. Justice Kshitij Shailendra allowed the plea of Ashwani Anand, observing that the court cannot remain a “silent spectator” or “mere bystander” when the ends of justice demand immediate intervention. In its order dated November 21, the court said the “pious duty” of a judge is to “wipe every tear from every eye” and that the purpose of law is not to create problems for the society, but to find solutions. “Compelling a lady in such matters to visit court premises for months and years for the purpose of getting her own husband acquitted, where he …