POSCO Act - Even assuming that victim girl fell in love with accused and admitted that they are living for four years, even on date of commission of offence, provisions of POCSO Act attract and not compoundable.

MADRAS HIGH COURT

Before:- 

P. Velmurugan, J.

Crl.M.P.No.3209 of 2021 in Crl.A.No.258 of 2019. D/d. 16.3.2021.

Maruthupandi - Petitioner

Versus:-

Inspector of Police - Respondents

Head Notes:-

POSCO Act - Even assuming that victim girl fell in love with accused and admitted that they are living for four years, even on date of commission of offence, provisions of POCSO Act attract and not compoundable.

Criminal Procedure Code, 1973 Sections 164

  Sections , 

 5(1) and 6 of Protection of Children from Sexual Offences, 2012, Section 417 and 

376 of IPC - Sexual assault with minor - Application for recording of statement of victim as additional evidence - Held, even assuming that victim girl fell in love with accused and admitted that they are living for four years, even on date of commission of offence, provisions of POCSO Act attract and is not compoundable offence - Subsequently, victim cannot turn it to compound the offence - Once victim girl gave complaint that accused committed offence and case has been registered, it is offence against State - Thus, subsequent compromise will not take away offence - Further, victim girl already gave statement under Section 

164 of CrPC-

 - Sexual assault with minor - Application for recording of statement of victim as additional evidence - Held, even assuming that victim girl fell in love with accused and admitted that they are living for four years, even on date of commission of offence, provisions of POCSO Act attract and is not compoundable offence - Subsequently, victim cannot turn it to compound the offence - Once victim girl gave complaint that accused committed offence and case has been registered, it is offence against State - Thus, subsequent compromise will not take away offence - Further, victim girl already gave statement under Section 164 of Cr.P.C., before Magistrate and also deposed before trial court even in year 2016, therefore, she cannot once again be examined by invoking Section 164 of Cr.P.C., 1973 - Hence, application for recording of statement of victim as additional evidence dismissed.