The Supreme Court has chosen not to impose a sentence on a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, citing extraordinary and unique circumstances surrounding the case. The ruling was delivered by a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, using the Court’s special powers under Article 142 of the Constitution to ensure “complete justice.”
At the time of the offence, the man was 24 years old and involved in a sexual relationship with a minor. He later married the girl after she turned 18. The couple now lives together and have a child.
“She did not have the opportunity to make an informed choice earlier. The system failed her at multiple levels,” the Court observed. It further noted that while the law treats the act as a crime, the victim did not view it in that light.
“The society judged her, the legal system failed her, and her own family abandoned her,” the bench said.
The Court added that what traumatised the victim was not the act itself but the prolonged legal battle, police involvement, and social stigma. In view of these circumstances, the Supreme Court decided not to impose a sentence, invoking Article 142 to deliver justice tailored to the complexities of the case.
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