Rape charge dropped after survivor consents, records marriage, child with accused man

4 min readNew DelhiUpdated: Jul 8, 2026 03:17 PM IST

The survivor had filed a separate affidavit before this court asserting that she is happily married and living with the man. (AI-generated image)

After recording the consent of a 23-year-old woman that she had married the man accused of her rape, the Meghalaya High Court has dropped the case against him. The court recorded that though she was a minor when she got into the relationship, she was now a mother and happily married.

Justice B Bhattacharjee observed that the survivor’s consent to set aside the criminal proceedings was given voluntarily and was not influenced by any threat or coercion.

Observing that the couple lived together after getting married, the court on July 7 held, ”The husband and wife, on being recognised by their respective family members and having a child, sending the husband to jail would not serve the cause of justice; rather, it would cause great injustice… and the child born out of a relationship…”

The court also observed that the affidavit filed by the survivor asserted that she was happily married and living with the accused along with their child, and that he had been taking due care of them. She added that she wished to continue living with him for the rest of her life.

Justice B Bhattacharjee set aside a POCSO case against a man, noting the survivor’s consent, who is now married to him.

POCSO case filed despite family’s approval

In November 2018, when the survivor was admitted to a hospital in Shillong for childbirth, a family member lodged an FIR at the police station stating that the couple had married at a young age, and both families had accepted their relationship.

Since the survivor was a minor at the time of the relationship, police registered a case under the POCSO Act against the man. After the police investigation, a chargesheet was filed, and later the man pleaded not guilty before the special POCSO court.

The couple got married in a church, had a daughter, and sought to set aside the criminal case against the man; the woman stated that she did not wish to continue the proceedings.

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Advocate R Dutta, appearing for the man, submitted that the relationship was based on mutual understanding. She argued that the FIR was lodged against the survivor’s wishes under the influence of some relatives.

It was argued that the couple got married in the presence of both families in a church and had a daughter, and the woman no longer wished to continue the criminal proceedings against her husband, for which the couple had approached the high court seeking to set aside the POCSO case.

She also relied on an earlier ruling of the Meghalaya High Court on a similar matter and stated that in exceptional circumstances, a POCSO case can be set aside.

The state did not oppose the petitioner’s case and submitted that the necessary order may be passed by the court.

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Legal Services Committee Report

No Force. No Coercion.

Committee confirms marriage was entered into voluntarily, out of love

Key Findings Before the Court

🤝

Family Consent

Couple is formally married with both families' consent

📝

Sworn Affidavit

Survivor filed a separate affidavit asserting she is happily married

👶

A Family of Three

The couple now have a daughter together

🏠

Care & Commitment

Man takes due care of her and the child; she wishes to live with him for life

Report affirms: the survivor's choice was voluntary, informed, and free of any pressure

The court observed that the survivor had voluntarily sought setting aside of the criminal proceedings against the man, and that the couple was married and had a child. It added that the woman’s consent was genuine, informed and not given under any threat or coercion.

The court held that sending the accused to jail would be a greater injustice to his wife and the child, considering that the couple is married and living together happily. Therefore, the court set aside the POCSO proceedings against the accused.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

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Meghalaya

Meghalaya High Court

POCSO cases

rape survivor