POCSO convict marries victim, let off by SC
Noting that the facts of the case were “an eye-opener for everyone”, the Supreme Court on Friday let off a man from West Bengal convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012, of raping a minor girl after he married his victim on her turning a major and has given birth to a child.
Exercising its extraordinary jurisdiction under Article 142 of the Constitution, a Bench of Justice AS Oka and Justice Ujjal Bhuyan held that “though the accused stands convicted, he will not undergo sentence…”
Writing the judgment for the Bench, Justice Oka said, “Though the victim (who now studies in Class X) did not treat the incident as a heinous crime, she suffered because of it. This was because at an earlier stage, the victim could not make an informed choice due to the shortcomings of our society, our legal system and her family. In fact, she did not get any opportunity to make an informed choice.
“Society judged her, the legal system failed her, and her own family abandoned her. Now, she is at a stage where she is desperate to save her husband. Now, she is emotionally committed to the accused and has become very possessive of her small family,” Justice Oka wrote.
The accused was sentenced to 20-year rigorous imprisonment with a fine of Rs 10,000 by a POCSO court. The top court had taken suo motu cognisance of the matter after the Calcutta High Court made certain controversial remarks about adolescents.
The Bench said since the victim had expressed her desire to complete her graduation, following the successful completion of her board examination, and subject to her consent, appropriate arrangements can be made to enrol the victim in a vocational training course of her choice at a suitable institution.
Asking the state to act as a true guardian of the victim and her child, the top court directed the West Bengal Government to provide a better shelter to the victim and her family within a few months from today and bear the entire expenditure of her education till the Class X standard examination and in case she desired to take up education for a degree course, till the completion of the degree course.
The state can take the assistance of NGOs or public-spirited citizens for the purpose of securing the debts incurred by the victim as a one-time measure, it said, seeking a compliance report by July 15, which will be considered by it on July 25.
The Bench also directed the Secretary of the Ministry of Women and Child Development to appoint a committee of experts to deal with the suggestions of the amici curiae. The committee has been directed to submit its report by July 15.
“The facts of this case are an eye-opener for everyone. It highlights the lacuna in our legal system. The final report concludes that though the incident was seen as a crime in law, the victim did not accept it as one...it was not the legal crime that caused any trauma to the victim, but rather, it was the consequences that followed, which took a toll on her,” it said.
“What she had to face as a consequence was the police, the legal system and the constant battle to save the accused from punishment. At the same time, she took care of her daughter to the best of her abilities, notwithstanding the huge financial burden she carried. In fact, the final conclusion in the report is an eye-opener,” it noted.
