Using its extraordinary jurisdiction under Article 142, the Supreme Court on Friday released a man who had been convicted for having sexual relations 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 a heinous crime. Victim couldn’t make an informed choice. Society judged her, the legal system failed her, family abandoned her. She is trying to save her husband.”
“The facts of this case highlight lacunae of 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 the legal system to save the accused,” the bench noted.
