Tue Apr 29 16:12:37 UTC 2025: ## Madras High Court Upholds POCSO Conviction Despite Subsequent Marriage
**Chennai, April 29, 2025** – The Madras High Court overturned the acquittal of a 22-year-old man convicted under the Protection of Children from Sexual Offences (POCSO) Act, sentencing him to 10 years imprisonment. The man had been acquitted by a Mahila Court in Udhagamandalam in November 2022, after having sexual intercourse with a 17-year-old girl, whom he later married.
Justice P. Velmurugan ruled that the subsequent marriage did not negate the crime committed under the POCSO Act, emphasizing that the offense is against society, not just the individual. He stated that accepting the defense of marriage or elopement would defeat the purpose of the Act. The judge acknowledged the victim’s pregnancy as a mitigating factor but imposed the minimum sentence of 10 years imprisonment and a fine of ₹1,000, citing a lack of authority to issue a lesser penalty.
The court’s decision stemmed from a state appeal against the initial acquittal. While the victim and her parents later recanted their statements, the court considered the victim’s initial police statement and statement before a magistrate, which indicated a sexual relationship. Justice Velmurugan noted that the victim’s statement before the magistrate might have been influenced by the male magistrate’s presence. The court also dismissed a separate appeal by the accused challenging his conviction for kidnapping and wrongful confinement. The incident involved the man taking the underage girl to Mysore.
First Piper 