Rape, Pocso cases can't be repealed based on victim's plea: Kerala High Court

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The Kerala High Court ruled that cases involving serious offences such as rape under the Indian Penal Code (IPC) and crimes under the Protection of Children from Sexual Offences (Pocso) Act cannot be quashed solely based on the victim’s request.

The ruling came in response to a petition by a victim and her mother seeking to dismiss charges against a dance teacher and his wife. The accused were booked under various relevant IPC sections, including rape, and the Pocso Act.

“When serious offences under Section 376 (rape) of the IPC and the Pocso Act are prima facie established, the victim’s request for quashing the case has no preference,” the court stated.

The High Court directed the accused to cooperate with the trial and ordered the trial court to conclude proceedings within three months.