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The case involves a man accused of sexually exploiting a minor girl, whom he allegedly blackmailed using an explicit video to coerce into a physical relationship
The court emphasised that in cases involving minors under the POCSO Act, no private agreement can nullify the seriousness of the offence. (PTI)
The Delhi High Court, in a strong rebuke to attempts at undermining accountability in sexual assault cases, has dismissed a plea to quash proceedings in a POCSO case, making it clear that the social stigma of such crimes must be borne by the accused and not the survivor.
The case involves a man accused of sexually exploiting a minor girl, whom he allegedly blackmailed using an explicit video to coerce into a physical relationship. An FIR was registered in 2024 at Sarita Vihar police station, and the accused has since absconded, now declared a proclaimed offender.
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The accused approached the court seeking to quash the criminal proceedings on the grounds that a “settlement” had been reached with the survivor’s parents. His counsel argued that allowing the case to proceed would cause further “stigma” to the survivor.
However, Justice Girish Kathpalia rejected the plea outright, calling the argument “obnoxious, to say the least”. The judge asserted that it was not the survivor, but the perpetrator, who should carry the weight of shame in a sexual offense.
“This notion reflects a regressive mindset,” the court observed, “and does injustice not only to the survivor but also to society’s broader interest in holding offenders accountable.”
The court emphasised that in cases involving minors under the Protection of Children from Sexual Offences (POCSO) Act, no private agreement can nullify the seriousness of the offence. It was noted that the survivor herself had not offered any forgiveness; only her parents had intervened, which the court deemed legally and morally insufficient.
Justice Kathpalia also pointed out that allowing such arguments to influence judicial decisions would send a dangerous message, potentially deterring other survivors from seeking justice.
In addition to dismissing the petition, the high court imposed a Rs 10,000 cost on the accused, directing the payment to the Delhi High Court Legal Services Committee.
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The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More
The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More
September 09, 2025, 14:00 IST
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