Accused is a serial sodomist: Allahabad High Court refuses to accept compromise in POCSO case

The Allahabad High Court recently refused to quash a Protection of Children from Sexual Offences (POCSO) Act case on the basis of a compromise between the accused and the minor victim's family..Justice Vinod Diwakar remarked that the accused man was a serial sodomist as he was "found involved" in two similar cases."The applicant is a serial sodomist and was found involved in two other separate and distinct cases, therefore, keeping in view the severity of the punishment and menace of exploitation of child by the resourceful person, this Court do not find any force in the applicant's case even though two distinct and separate case of similar nature are quashed by the coordinate Bench on the basis of compromise," the Court said..The Court perused the victim's statement and noted that he had been subjected to "unnatural sex" when he was 13 years old, and only after three years, he had gathered the courage to complain against it.It also noted that the accused had recorded the incident on his mobile phone."The offence is serious and repercussions are writ large on the psychology and behaviour pattern of the child, additionally, if the allegations are proved then the applicant may be awarding life imprisonment up to natural life," the Court said..Sexual offences against children are among the most heinous crimes, leaving deep and lasting scars on the victims, the Court observed."The psychological effects of such trauma are profound and multifaceted, impacting a child's mental health, emotional stability, and social interactions and affect every aspects of their lives. The trauma can lead to a cascade of emotional, behavioral, and social problems that persist well into adulthood," the Court added..The accused had claimed that the dispute between the parties was related to a financial transaction. The victim's father borrowed ₹40,000 from the accused in January 2021 to purchase a buffalo, with the promise to repay the amount within three months and to provide 2 liters of milk daily, the Court was told.The accused said that the money was not paid back and the milk was not provided, and when he demanded repayment, the victim's father retaliated by filing a criminal case against him.Eventually, the parties reached a compromise and the accused approached the Court to quash the case. The Court was informed that two similar FIRs were quashed by the High Court earlier. The State and the complainant, however, opposed the quashing of the POCSO Act case, stating that doing so would send a wrong signal to the society and would encourage the accused to exploit many more innocent children..Considering the seriousness of the offence and its repercussions on the child, the Court dismissed the plea, .Advocate Prakash Chandra Pandey appeared for the accused man..[Read Order]