New Delhi, May 23 (UNI) The Supreme Court on Friday decided not to impose a sentence on a man convicted under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), noting that the victim did not view the incident as a crime and that her real suffering came from the legal and social consequences that followed.
A Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan invoked Article 142 of the Constitution, which gives the Court power to do complete justice, and held back from awarding any sentence to the convicted man.
The Court stated, “The final report concludes that though the incident is a crime in the eyes of the law, the victim did not consider it as such. The committee has recorded that the trauma was not caused by the act itself, but by what followed, dealing with the police, the court system, and her constant struggle to protect the accused from punishment.”
The convicted man later married the victim, who is now an adult, and they are currently living together with their child.
The Court said, “The facts of this case are an eye-opener for everyone. It exposes the gaps in the legal system.”
It pointed out that the victim never had the chance to make an informed choice due to shortcomings in the system, societal judgment, and lack of support from her own family.
“The society judged her, the legal system failed her, and her own family abandoned her,” the Court observed. It added that the victim is now emotionally bonded with the accused and is deeply protective of her small family.
Justice Oka remarked, “That is why we are using our powers under Article 142 to not impose a sentence.”
The Court issued directions to the State Government (specifics to be updated once the judgment copy is available) and also sent notice to the Ministry of Women and Child Development to consider suggestions submitted by the Amicus Curiae.
This case began when the Supreme Court took suo motu (on its own) action after controversial remarks made by the Calcutta High Court during the acquittal of a 25-year-old man under the POCSO Act. The High Court had made comments on adolescent behaviour, including statements that young girls should control their sexual urges.
On August 20, 2024, the Supreme Court set aside that judgment, restored the man’s conviction under Section 6 of the POCSO Act and Sections 376(3) and 376(2)(n) of the Indian Penal Code (IPC), and confirmed his acquittal under Sections 363 and 366 IPC. The Court also criticised the High Court’s remarks as objectionable and violative of Article 21 of the Constitution, which guarantees the right to life and dignity.
The Supreme Court also issued directions to ensure that State governments comply with Section 19(6) of the POCSO Act and Sections 30 to 43 of the Juvenile Justice (Care and Protection of Children) Act, 2015. It asked the West Bengal Government to form a three-member expert committee, including a clinical psychologist, a social scientist, and a child welfare officer, with support from institutions like NIMHANS or TISS.
The Committee was instructed to inform the victim of her rights and available welfare schemes, and to assist her in making decisions about her future, including whether she wished to stay with the accused. The Committee submitted its findings in a sealed envelope.
The Court directed that its ruling be sent to the Law and Justice Departments across all States and Union Territories to hold meetings with concerned authorities to ensure strict enforcement of child protection laws and explore framing of rules under Section 46 of the JJ Act. Compliance reports were to be submitted to the Ministry of Women and Child Development, which would present a final report to the Court.
On October 24, 2024, the Court recorded the State’s commitment to provide good education to the victim’s child.
On April 3, 2025, after hearing the victim and the expert committee, the Court noted her need for financial support and advised exploring vocational training or part-time work after she completes her 10th standard exams.
UNI SNG RN