The Supreme Court on Friday used its extraordinary powers under Article 142 to set free a man convicted of sharing a sexual relationship with a 15-year-old girl under the Protection of Children from Sexual Offences Act (POCSO).
While the conviction was upheld, the bench ordered no sentencing for the man, now the victim's husband, observing, "What troubles is the issue of sentencing. Victim didn't treat this as heinous crime. Victim couldn't make informed choice. Society judged her, legal system failed her, family abandoned her. She is trying to save her husband."
"The facts of this case are an eye-opener for everyone. It highlights the lacunae in the legal system," the bench further observed, noting that it was not a "legal crime", while saying that the girl had to face an uphill battle with the police and the legal system to save the accused.
"It's not the legal crime but the consequences that took a toll on the victim. She had to face battle with police and legal system to save the accused," the bench noted.
The top court further issued directions to the West Bengal government and the State Women and Child Welfare Ministry regarding cases involving teenagers in sexual relationships. The bench also called for measures to improve sex education, raise awareness of the POCSO Act, and ensure the mandatory reporting of sexual assault cases to protect children.
In 2023, the Supreme Court took up the case on its own accord following the Calcutta High Court's observations, while acquitting the man, using its own extraordinary powers under Section 482 of the Criminal Procedure Code, 1970 (CrPC). The top court overturned the High Court's order and restored the conviction.
The Supreme Court took note of the High Court's controversial order, calling it violative of the right to life and liberty under Article 21.
In its controversial observation, the High Court had stated that instances of consensual sex have increased among teenagers due to "peer pressure, influence by social media, free availability of porn materials and free mixing with friends of opposite sex."
