‘Crime was not of lust but love’, says SC; lets off POCSO Act accused who married victim

Noting that “the crime was not of lust but love”, the Supreme Court has let off a man who was convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012 for raping a minor girl.

A Bench of Justice Dipankar Datta and Justice AG Masih used its extraordinary powers under Article 142 to set aside the man’s conviction, taking note of the fact that sex was consensual; the survivor had married the accused; the couple had a child and they were living happily.

“We are conscious of the fact that a crime is not merely a wrong against an individual but against society as a whole. When an offence is committed, it wounds the collective conscience of the society and therefore the society, acting through its elected lawmakers, determines what would be the punishment for such an offence and how an offender should be dealt with, to deter its recurrence,” the Bench said.

The victim had said that she was married to the convict, and they had a one-year-old boy and were now leading a happy life. Even the survivor’s father — the original complainant – said he had no objection to the criminal case being quashed.

“While considering the offence committed by the appellant punishable under the POCSO Act, we have discerned that the crime was not the result of lust but love. The victim of crime herself has expressed her desire to live a peaceful and stable family life with the appellant, upon whom she is dependent, without the appellant carrying the indelible mark on his forehead of being an offender,” the top court said.

The man had challenged his conviction under Section 366 of the Indian Penal Code and Section 6 of the POCSO Act for eloping with and sexually assaulting a minor girl.

He was sentenced to 10-year rigorous imprisonment by the trial court and the Madras High Court had upheld his conviction in September 2021.

During the pendency of the case before the High Court, the accused and the survivor got married in May 2021.

“Rendering justice demands a nuanced approach. This Court tailors its decisions to the specifics of each case: with firmness and severity wherever necessary and it is merciful when warranted. It is also in the best interest of society to bring a dispute to an end, wherever possible,” the top court said, emphasising that courts must sometimes temper rigid application of law to preserve human relationships and achieve true justice.

The Tamil Nadu State Legal Services Authority (TNSLSA) – which was asked by the Supreme Court to ascertain the well-being of the survivor, who had married the accused – told the Bench that the couple was leading a happy married life and had also been blessed with a male child.

India