'Marriage not a reason to quash proceedings when rape is so heinous': Kerala High Court

The Kerala High Court, in a landmark judgment, has observed that the settlement between the parties, including marriage between the accused and the victim, will not lead to the quashing of the proceedings against the accused when the magnitude of rape is so grave and heinous to shock the sense of justice. Justice Shircy V issued the above-stated order while dismissing a petition filed by R Rahul of Kodungallur and second accused Virjin of Thrissur, seeking to quash the FIR against them.

During the hearing, the prosecution alleged that the petitioner forcibly took the 17-year-old victim to the rental house of the second accused and raped her in 2017. Rape and the Protection Of Children from Sexual Offences Act (POCSO) have also been charged against both the accused.

'Rape is worse than murder', says Kerala HC 

The counsel of the petitioner (accused) stated that the entire matter has been settled between the parties and the victim does not intend to proceed with the cases. In fact, the affidavit sworn by the victim was also submitted, stating that Rahul (first accused) married her under the Special Marriage Act on December 8, 2020, and that they were living together as husband and wife.

Kerala HC in its order observed that rape is not only a very serious and inhumane offence committed towards the victim, but also causes a very serious impact upon her relatives and society as a whole.

"Rape is a very serious offence and it is doubtless that it is not just an offence private in nature but is also an offence towards society. It is worse than murder as a humiliating and horrifying experience is caused to the victim and so it is considered the most heinous, brutal and cruel crime against a woman.

"When it is towards a child, the gravity is all the more severe and excruciating as it may even lower self-esteem, self-confidence and dignity of the child and the psychic effect and impact can cause a devastating effect on the minor and result in far-reaching consequences," Kerala HC observed in its order. 

The Kerala High Court clarified that the petitioners have to stand the test of judicial scrutiny and face trial before the court even if the case was falsely implicated upon them.

(Image: Pixabay/Representative Image)