At the time of the offence, the person was 24 years outdated and was convicted for having a sexual relationship with a minor. However, after the lady attained maturity, the 2 obtained married. The couple is now dwelling collectively and elevating their youngster.
The Supreme Court on Friday opted to not impose a sentence on a person convicted below the Protection of Children from Sexual Offences (POCSO) Act, 2012. The resolution was pushed by the Court’s evaluation that the sufferer, now an grownup, didn’t view the incident as against the law, and that the higher trauma stemmed from the authorized and societal aftermath quite than the act itself.
The prime courtroom noticed that though the incident qualifies as a authorized offence, the sufferer’s notion diverged from the statutory interpretation. According to the Court-appointed committee’s ultimate report, the misery endured by the sufferer was largely attributable to her experiences with regulation enforcement, the courtroom course of, and her wrestle to guard the accused.
At the time of the offence, the person was 24 years outdated and was convicted for having a sexual relationship with a minor. However, after the lady attained maturity, the 2 obtained married. The couple is now dwelling collectively and elevating their youngster.
A bench comprising Justice Abhay Oka and Justice Ujjal Bhuyan invoked its extraordinary powers below Article 142 of the Constitution, which permits the Court to do “full justice,” to forgo sentencing. “This case serves as an eye-opener,” the bench remarked, outlining crucial gaps within the authorized framework.
The apex courtroom additionally painted a grim image of the sufferer’s journey, stating that she was denied an knowledgeable selection attributable to societal norms, a failed authorized system, and the absence of household help. “The society judged her, the authorized system failed her, and her family deserted her,” the Court famous, including that the sufferer now shares a powerful emotional bond with the accused and is deeply protecting of her small household unit.
In gentle of the case’s complexity, the Court issued a slew of directives to the state authorities and likewise served discover to the Ministry of Women and Child Development, urging consideration of coverage strategies made by the Amicus Curiae.
Background of the case
This case originated from a suo motu petition initiated by the Supreme Court following contentious feedback made by the Calcutta High Court. The High Court had beforehand acquitted the person convicted below the POCSO Act, making controversial statements about adolescent sexuality and urging teenage women to train restraint over their needs.
On August 20, 2024, the Supreme Court overruled the High Court’s resolution, reinstating the person’s conviction below Section 6 of the POCSO Act and Sections 376(3) and 376(2)(n) of the Indian Penal Code (IPC), whereas upholding his acquittal below IPC Sections 363 and 366. The apex courtroom had additionally rebuked the High Court for its problematic observations, calling them “unwarranted, objectionable,” and in violation of Article 21 of the Constitution.
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