On the time of the offence, the person was 24 years outdated and was convicted for having a sexual relationship with a minor. Nevertheless, after the woman attained maturity, the 2 bought married. The couple is now dwelling collectively and elevating their youngster.
The Supreme Court docket on Friday opted to not impose a sentence on a person convicted underneath the Safety of Kids from Sexual Offences (POCSO) Act, 2012. The choice was pushed by the Court docket’s evaluation that the sufferer, now an grownup, didn’t view the incident as a criminal offense, and that the better trauma stemmed from the authorized and societal aftermath fairly than the act itself.
The highest courtroom noticed that though the incident qualifies as a authorized offence, the sufferer’s notion diverged from the statutory interpretation. In keeping with the Court docket-appointed committee’s last report, the misery endured by the sufferer was largely as a consequence of her experiences with legislation enforcement, the courtroom course of, and her battle to guard the accused.
On the time of the offence, the person was 24 years outdated and was convicted for having a sexual relationship with a minor. Nevertheless, after the woman attained maturity, the 2 bought 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 underneath Article 142 of the Structure, which permits the Court docket to do “full justice,” to forgo sentencing. “This case serves as an eye-opener,” the bench remarked, outlining vital 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 as a consequence of societal norms, a failed authorized system, and the absence of household assist. “The society judged her, the authorized system failed her, and her family deserted her,” the Court docket famous, including that the sufferer now shares a powerful emotional bond with the accused and is deeply protecting of her small household unit.
In mild of the case’s complexity, the Court docket issued a slew of directives to the state authorities and in addition served discover to the Ministry of Ladies and Youngster Growth, urging consideration of coverage recommendations made by the Amicus Curiae.
Background of the case
This case originated from a suo motu petition initiated by the Supreme Court docket following contentious feedback made by the Calcutta Excessive Court docket. The Excessive Court docket had beforehand acquitted the person convicted underneath 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 docket overruled the Excessive Court docket’s resolution, reinstating the person’s conviction underneath Part 6 of the POCSO Act and Sections 376(3) and 376(2)(n) of the Indian Penal Code (IPC), whereas upholding his acquittal underneath IPC Sections 363 and 366. The apex courtroom had additionally rebuked the Excessive Court docket for its problematic observations, calling them “unwarranted, objectionable,” and in violation of Article 21 of the Structure.
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