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POCSO survivor, accused marrying other persons and living happily not ground to quash FIR: Calcutta High Court

The prosecution case was that the accused, who was 22-years-old in January 2016, had a brief ‘love affair’ with the victim, who was only 14 years at that time. He took her to various places. 

On the day of incident, when the victim was alone in her house, the accused forcibly entered and raped her. When she raised a hue and cry, he applied vermilion (sindoor) on her head and made her believe that they are now married. He then fled from the spot. 

When her parents returned home, she narrated the incident to them and subsequently an FIR was lodged against him. 

The accused moved the Court contended that since both the survivor and he are happily married to other persons, the case should be quashed.

Source: Barandbench

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