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5d ago

Supreme Court Withholds Sentence in POCSO Conviction Using Article 142

The Court prioritized the adult victim’s welfare and family stability, directing state support while condemning systemic failures and controversial High Court remarks.

On August 20, 2024, the Supreme Court reversed that acquittal, reinstating the conviction while condemning the high court's language as objectionable and unwarranted.
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The ruling emerged from a suo motu case initiated in December 2023, following controversial observations by the Calcutta High Court. (HT PHOTO)
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Overview

  • The Supreme Court upheld the POCSO conviction of a man but refrained from sentencing him, invoking Article 142 to ensure 'complete justice'.
  • The victim, now an adult and married to the convict with a child, expressed emotional attachment to her family and did not view the incident as a crime.
  • An expert committee's findings highlighted the victim's trauma from legal and social consequences rather than the act itself, influencing the Court's decision.
  • The Calcutta High Court's 2023 acquittal and remarks on adolescent sexuality, widely criticized as victim-blaming, were overturned by the Supreme Court in 2024.
  • The West Bengal government was directed to provide financial assistance, educational support, and vocational training for the victim and her child.