HC recalls orders of acquittals in POCSO cases

The Kerala High Court has recalled its five orders acquitting the accused in cases registered under Protection of Children from Sexual Offences Act (POCSO).

Justice K. Haripal had earlier quashed the cases, including the one relating to the rape of a minor girl, in view of the settlement reached between the survivor/victims and the accused. The affidavits to the effect were also filed by both of them before the court.

Recalling his verdicts, the judge observed that at the time of passing the orders, the court did not notice the verdict of the Supreme Court in Gian Singh Vs State of Punjab which held that cases relating to heinous and serious offences such as murder, rape, dacoity, etc., should not be quashed even if the victim or victim’s family and the offenders had reached a settlement.

Observing that its orders could be recalled suo motu, the judge said these cases required serious consideration and a detailed hearing again.

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