The bench of Single-judge Justice Shampa Dutt (Paul) said that if both parties are married to some other person and living happily would not lessen the offence under POCSO Act.

"The fact of them (applicant accused and victim) being married to other persons does not lessen the offence alleged, considering the prima facie materials on record," the judge noted. 

The Court rejected a plea filed by Bhuban Basak seeking to quash the proceedings initiated against him for the offence of rape under the Indian Penal Code (IPC) and relevant provisions of the POCSO Act.

Case Brief:

In the said matter, the accused, who was 22 years at the time of the incident had a brief 'love affair' with the victim, who was only 14 years at that time. On the day of the incident, the accused entered the victim's house when the victim was alone in her house and raped her. When she raised a hue and cried, 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 to contend that since both the survivor and he are happily married to other persons, the case should be quashed. The Court noted that since medical reports and the statements of the survivor were against the accused.

The material on record, the judge said, is sufficient for the case to proceed towards trial. 

"Thus from the materials on record including the medical report, age of the victim and the statements on record, there appears to be a prima facie case against the petitioner of committing a cognizable offence and quashing the proceedings at the stage would amount to an abuse of the process of law or the court," the Court held. 

Therefore the Court dismissed the petition.