Supreme Court frees man convicted of sex with 15-year-old girl saying she didn’t view it as a crime, says she suffered more from the system
On 23rd May, the Supreme Court ruled against sentencing a man found guilty under the Protection of Children from Sexual Offences (POCSO) Act. It stated that the girl did not consider the incident to be criminal in nature, according to the committee’s report, and she had suffered more as a result of the ensuing legal and social repercussions.
While the conviction was upheld, the bench ordered no sentencing for the man who is now the girl’s husband. “What troubles is the issue of sentencing. Victim didn’t treat this as heinous crime. She couldn’t make informed choice. Society judged her, legal system failed her, family abandoned her. She is trying to save her husband,” the court pronounced.
It added, “The facts of this case are an eye-opener for everyone. It highlights the lacunae in the legal system,” pointed out a bench of Justice Abhay S Oka and Justice Ujjal Bhuyan. The case initially made its way to the Supreme Court following controversial comments of the Calcutta High Court in its 2023 ruling exonerating the guy.
The apex court highlighted, “The final report concludes that though the incident is seen as crime in law the victim did not accept it as one. The committee records that it was not the crime that caused any trauma to the victim but rather it was the consequence that followed which took a toll on her. What she had to face as a consequence was the police, the legal system, and constant battle to save the accused from punishment.”
The bench chose not to impose a penalty after exercising its authority under Article 142 of the Constitution, which grants it the authority to administer full justice. The convicted guy who was 24 at the time of the crime married the girl who is now an adult and lives with her and their child.
Additionally, it stated that the victim has developed an emotional bond with the accused and has became “very possessive about her small family.” The court then concluded, “That is the reason we are giving for exercising power under Article 142 not to impose sentence.”
The State Women and Child Welfare Ministry and the West Bengal government were also directed by the top court concerning cases involving adolescent sexual relationships. It instructed them to reflect about taking additional action in light of the recommendations made by Amicus Curiae. The bench also demanded actions to enhance sex education, increase public knowledge of the POCSO Act and guarantee the mandatory reporting of sexual assault instances to safeguard kids.
Background of the case
The Supreme Court started the proceedings as a suo motu case after the Calcutta High Court made contentious remarks while acquitting a 25-year-old man who had been convicted under the POCSO Act of having sex with a 15-year-old girl. Among other directives to teenage males and girls, the high court made comments about adolescent sexuality, noting that female teenagers should restrain their sexual urges.
The apex court set aside the high court’s ruling on 20th August 2024. It upheld the accused’s acquittal under sections 363 and 366 Indian Penal Code (IPC) while restoring his conviction under section 6 of the POCSO Act and sections 376(3) and 376(2)(n) of the IPC. The high court’s comments were deemed offensive and unjustified and they also violated Article 21 of the Constitution, according to the court’s instructions on authoring judgments. Furthermore, the State of West Bengal appealed the decision of the high court.
The Supreme Court, in its decision, laid down multiple instructions to ensure that the state complies with Section 19(6) of the POCSO Act and Sections 30 to 43 of the Juvenile Justice (Care and Protection of Children) Act. Even after the conviction was reinstated, the court made the decision to carefully consider the facts before determining the appropriate sentence.
The court ordered the West Bengal government to form a three-person expert committee with support from organizations such as NIMHANS or TISS. It consisted of a social scientist, a clinical psychologist and a child welfare official serving as the coordinator and secretary.
The committee was required to help the victim make an informed decision about her future, including whether to stay with the accused and to educate her about the benefits that the state and the union government had to offer. The court directed that the committee’s report, whether preliminary or final, be sent under a sealed cover so that the case might be reviewed for sentence consideration.
The court further directed that its judgment should be forwarded to Law and Justice Departments across all States and Union Territories to convene meetings with relevant authorities to ensure strict implementation of Section 19(6) of the POCSO Act and relevant JJ Act provisions. They also had to consider framing Rules to implement Section 46 of the JJ Act and submit compliance reports to the Ministry of Women and Child Development which was to compile and submit a final report to the court.
The court documented the state’s commitment to give the victim’s kid a top-notch education on 24th October 2024. After speaking with committee of experts members and listening to the victim, the court noted on 3rd April that she need financial assistance. It stated that the West Bengal State Legal Services Authority should assist in exploring the her options for vocational training or part-time work following her completion of her 10th board exams.
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