Supreme Court spares sentence in POCSO case, citing victim’s present life, systemic failures
New Delhi: In a landmark decision, the Supreme Court decided not to impose a sentence on a 24-year-old man convicted under the Protection of Children from Sexual Offences (POCSO) Act, invoking its powers under Article 142 of the Constitution.
The man was found guilty of engaging in a sexual relationship with a minor. He later married the girl after she became an adult and the two now live together with their child.
A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan relied heavily on the findings of an expert committee, including a clinical psychologist and a social scientist that assessed the present condition and consent of the now-adult woman. The Court observed, "The society judged her, the legal system failed her, and her own family abandoned her.”
In a rare admission, the Court said, "Though the incident is seen as crime in law, the victim did not accept it as one. It was not the legal crime that caused trauma to her, but rather the consequences that followed the police, the legal system, and a constant battle to save the accused from punishment."
The case reached the Supreme Court following a controversial 2023 judgment by the Calcutta High Court that acquitted the man. The Supreme Court quashed that acquittal on August 20, 2024, reinstating the conviction but withholding sentencing pending a deeper understanding of the victim’s current life.
The Court directed the West Bengal government to form a panel, including experts from institutions such as NIMHANS or TISS, to gather facts with sensitivity and inform the victim of her welfare entitlements. The findings, submitted in a sealed envelope, revealed her emotional dependence on the convict and her possessiveness about their small family unit.
On April 3 this year, the Court found that she needed financial support and advised vocational training and part-time employment following her Class 10 board exams. "She did not have the opportunity to make an informed choice earlier. The system failed her at multiple levels," the judgment added.
While upholding the conviction, the apex court concluded that justice in this case lay not in imprisonment but in preserving the victim’s current family stability and supporting her reintegration into society.
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Hindus have consolidated, BJP will cross 135 seats in WB: Suvendu Adhikari after early trends
Kolkata: Suvendu Adhikari on Monday said he was confident that the Bharatiya Janata Party would form the government in West Bengal as early counting trends began to emerge.
Speaking after initial trends in the ongoing vote counting, Adhikari said the party was expecting to win more than 135 seats in the state.
He also claimed that Hindu votes had consolidated in favour of the BJP, which, according to him, would translate into victory for the party.
Counting of votes is currently underway, and official results are awaited.
