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Justice A Badharudeen opined that there is usually no question of settlement in rape cases, but added that the Court is deviating from this principle on humanitarian grounds so that the couple’s peaceful family life is not disrupted.
“Settlement of cases including offence of rape and POCSO Act offences is not permissible under law. However, in the instant case, though the 1st accused after maintaining relationship with the minor victim subjected her to sexual molestation and she became pregnant, as of now, the 1st accused married the victim and now, they have been living happily with two children. In such cases, the tough nut stand in the way of settlement shall be crushed with humanitarian consideration as the hammer, so as to ensure the peaceful family living of the parties and most importantly to ensure the well being of the children born to them,” the Court’s July 22 order said.
Source: Barandbench