‘Society judged her, system failed her’: SC frees man in POCSO case citing victim’s love, family life

In a landmark ruling, the Supreme Court declined to impose a sentence on a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, citing exceptional circumstances.

The direction from the top court came while it was hearing suo moto case wherein Calcutta High Court judgment which advised young girls to control sexual urges was observed.

The judgement pronounced by a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan, invoked the Court’s powers under Article 142 of the Constitution to ensure complete justice.

Article 142 allows the Supreme Court to pass any order necessary to do complete justice in any case or matter pending before it.

“The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it…” the Article states.

The article was used in the Ram Janmabhoomi-Babri Masjid land dispute case and invoked Article 142 of the Constitution to hand over the disputed land to a trust to be formed by the central government.

In the present case, a man aged 24 at the time of the offence, who was convicted for a sexual relationship with a minor girl. The two later married after she attained adulthood and now live together with their child.

A committee of experts, including a clinical psychologist and a social scientist, was appointed to assess the victim’s current circumstances and emotional well-being. Their findings significantly influenced the Court’s decision.

In its judgement, the court observed, “Society judged her, the legal system failed her, and her own family abandoned her.”

The bench also noted that the victim, now an adult, did not perceive the incident as a crime.

“Though the incident is a crime in the eyes of the law, the victim did not accept it as such. The real trauma was caused not by the act, but by society, the legal process, and her own family. She was denied the opportunity to make an informed choice, a right taken away by systemic and social failings,” the Bench noted while stating, “This case is an eye-opener for all.”

The Court emphasised the present relationship between the victim and the accused, noting that she is now emotionally attached to him, regards him as her husband, and is deeply protective of their family. “This is why we are invoking our powers under Article 142—not to impose a sentence,” the Court stated.

The court also directed the state government to take action and issued a notice to the Ministry of Women and Child Development, seeking additional steps and recommendations to prevent similar cases in the future.

In a judgment passed by Calcutta High Court in 2023, the court had called for decriminalisation of consensual sexual acts involving adolescents above 16 years.

For female adolescents, the judgement stated, “It was the duty/obligation of every female adolescent to protect her right to integrity of her body, protect her dignity and self-worth, thrive for overall development of herself transcending gender barriers, control sexual urge/urges as in the eyes of the society she is the loser when she gives in to enjoy the sexual pleasure of hardly two minutes, protect her right to autonomy of her body and her privacy."

For male adolescents, the High Court had said, "They should respect the aforesaid duties of a young girl or woman, and he should train his mind to respect a woman, her self-worth, her dignity and privacy, and right to autonomy of her body”.

India