SC quashes POCSO case against man who later married minor
What's the story
In a rare move, the Supreme Court has invoked its plenary powers under Article 142 of the Constitution to quash Protection of Children from Sexual Offences (POCSO) proceedings against a man who had sexual relations with a minor girl and later married her. The court observed that "the crime was not the result of lust but love." The bench, comprising Justices Dipankar Datta and AG Masih, noted that the victim is now married to her alleged offender.
Justice balance
Bench emphasizes balanced approach in delivering justice
The bench said, "We are conscious of the fact that a crime is not merely a wrong against an individual but against society as a whole." It emphasized that criminal law reflects society's will, but its application must consider practical realities. The court stressed that delivering justice requires a balanced approach, taking into account the specifics of each case while being firm and merciful when necessary.
Compassionate approach
Serious offenders can receive justice tempered with compassion: Court
Justice Datta, writing for the bench, stressed that even serious offenders can receive justice tempered with compassion in appropriate cases. The court said ignoring the victim's wife's plea for empathy would not serve justice. It acknowledged that continuing criminal proceedings and incarceration would disrupt their family unit and harm society. The court invoked Article 142 to quash proceedings against the man, warning him to support his wife and child with dignity.