Landmark ruling: Supreme Court sets aside conviction of accused who married victim

NEW DELHI: The Supreme Court has overturned the sentence of a man who was convicted under the POCSO Act and later married the survivor from the same case. The court upheld the survivor’s decision and set aside the sentence given by the lower court. A report from a special committee, which highlighted that the survivor wished to live with the accused, was also taken into consideration. The court noted the survivor's emotional attachment and her current satisfaction with their family life. The Supreme Court delivered the verdict using its powers under Article 142. However, the POCSO charge against the youth has not been cancelled. The bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, observed that while the act committed by the accused was legally a crime, the survivor does not view it that way.

“The society judged her unfairly, the legal system failed her, and even her own family rejected her. These caused her more trauma than the legal offence itself. She had to continuously fight to defend the accused. These facts expose loopholes in the legal framework and open our eyes,” the court remarked.

Marriage after turning 18 years old
At the time of the incident in 2018, the accused was 24 and the survivor was 14. They were in a romantic relationship and engaged in sexual activity. Once the girl reached the legal age, the youth married her. The couple now has a child. Based on a complaint filed by the survivor’s mother, the man was arrested under POCSO charges in 2021. A special court sentenced him to 20 years in prison. In 2023, the Calcutta High Court acquitted him. However, its remark that “young girls should control their sexual urges” sparked controversy. Following an appeal by the survivor’s mother, the Supreme Court overturned the High Court’s verdict on August 20, 2024.

Need for protection

The Supreme Court directed the West Bengal government to form a committee, including mental health professionals, to assess the survivor’s emotional well-being. It also appointed Malayalam-speaking Supreme Court advocates Liz Mathew and Madhavi Divan as amici curiae in the case. The court found that the survivor required financial assistance and instructed the government to help her complete her 10th standard exams and provide either job-based training or employment.