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Rape cases can’t be settled out of court

Several such petitions seeking to commute the cases were coming up before the court

Kochi: Kerala high court on Monday observed that instances of relatives abusing minor girls were on the increase and that any attempt to settle the rape cases out of court could not be accepted.

Justice B. Kemal Pasha made the observation while considering a submission made by the accused in a rape case that he had settled the ‘matter’ with the victim.

At present, several such petitions seeking to commute the cases were coming up before the court. The victims, mostly relatives of the accused, were forced to arrive at a settlement owing to the pressure asserted by them.

The court was considering a plea filed by Radhakrishnan of Idukki seeking to quash the rape case registered against him. He moved the court against the proceedings initiated by JFMC Vandanmedu on charges under S 354 (Assault or criminal force on woman with intent to outrage her modesty) and 509 of IPC (gesture or act intended to insult the modesty).

Radhakrishnan had sexually harassed his niece, 13, who was residing with him in Idukki.

The victim’s mother had sent her to the house of the petitioner and the grandmother after she picked up a quarrel with her husband.

The victim revealed the entire matter to her mother but the mother intimidated her and directed her not to reveal it to her father.

Later, the victim told her father about it and a criminal case was registered against the accused. When the case came up for hearing, the petitioner submitted that the matter had been amicably settled.

To this, the court observed that there could not be any settlement between the petitioner and a minor.

( Source : dc correspondent )
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