Overview
- Justices Dipankar Datta and Augustine George Masih set aside a 10-year sentence under Section 6 of the POCSO Act and Section 366 of the IPC.
- The appellant was discharged on the condition that he must not desert his wife and child and must maintain them with dignity for life.
- The Court warned that any future default reported by the wife, child, or complainant could lead to serious consequences for the appellant.
- The couple married in 2021, have an infant son, the wife filed an affidavit seeking to continue married life, and the Tamil Nadu State Legal Services Authority confirmed cohabitation.
- The bench stressed the order is confined to the case’s unique facts, noted the offence was viewed as born of love rather than lust, and said it should not be treated as precedent.