New Delhi: The Supreme Court on Friday (May 23) decided not to sentence a man convicted under the Protection of Children from Sexual Offences (POCSO) Act in view of the unique circumstances of the case in which the minor victim, now married to the accused and mother to their child, constantly battled to save the accused from punishment.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, while taking into consideration a detailed report of the expert committee appointed by it earlier, invoked Article 142 of the Constitution for not sentencing the man.
Apex court took note of expert committee report
The bench, while taking note of the expert committee report saying although the incident is seen as crime in the law but the victim did not accept this as a crime, said that the facts of the instant case are an eye-opener for everyone and it highlights the lacunae in the legal system.
“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 legal 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 said.
Apex court earlier took suo motu cognisance of Calcutta High Court verdict setting aside conviction of accused
The apex court had earlier taken suo motu cognisance of the Calcutta High Court verdict setting aside the conviction of the accused for the offences punishable under section 6 of the POCSO Act and sub-sections 2(n) and (3) of section 376 of the Indian Penal Code (IPC). The state government of West Bengal had also challenged the High Court verdict in the apex court.
The High Court, while setting aside the conviction of the accused, noted that the mother of the victim had disowned the victim and therefore, she was continuously residing with the accused along with their minor child.
Apex court set aside the High Court verdict and held accused guilty under POCSO Act
The Supreme Court later set aside the High Court verdict and held that the accused is guilty of the offences punishable under sub-sections (2)(n) and (3) of section 376 of the IPC and section 6 of the POCSO Act. The apex court, however, appointed a committee of experts to allow the victim to make an informed choice after being informed the details of the support that the State of West Bengal is willing to extend to her and said that the issue regarding sentencing will be considered after the report of the committee is received. The committee later submitted its report to the apex court, following which the court invoked Article 142 of the Constitution for not sentencing the man in view of the unique circumstances of the case.
Victim did not come back and a child was born
The victim girl was fourteen years old at the time of the incident and her mother lodged a First Information Report (FIR) on May 29, 2018. The victim’s mother stated in her complaint that the victim, who was her minor daughter, escaped from her home without informing anyone and it was found that the accused enticed her to leave her house. The victim’s mother repeatedly visited the house of the accused and requested him to facilitate the return of her daughter. However, the victim did not come back and a female child was born to the victim. The accused was arrested on December 19, 2021. The chargesheet was filed on January 27, 2022 against the accused for the offences for which he was convicted by the trial court.
