Supreme Court uses its special powers to quash Pocso conviction

NEW DELHI: Two youngsters fell in love, but the Class 12 girl filed a complaint against the youth when he refused to marry her, resulting in him being sentenced to 10 years for having physical relations with a minor. The girl married another man, who left her after three days when he came to know of her past relationship. The convict, while out on bail, reconciled with her and they decided to wed.

Given the peculiar facts of the case, the Supreme Court invoked its extraordinary jurisdiction under Article 142 to quash the man’s Pocso conviction and sentence.

Case peculiar, order won’t be precedent: Supreme Court

The youth was tried under the Pocso Act and convicted in 2019. While he was serving the jail term, the girl got married, only for the union to end abruptly.

After their reconciliation and marriage, the couple started living together. She thereafter moved the Madras HC, praying for further examination as she wanted to express the “untold truth” of the case. She pleaded that her husband’s conviction be set aside as they had settled the matter amicably and were living together. The high court, however, refused her plea. The couple then moved the Supreme Court.

The apex court directed the judicial magistrate of Tamil Nadu’s Harur to record her statement regarding the status of their relationship and marriage and directed the couple to appear before it. As the court interacted with them, the girl made an additional demand of Rs 10 lakh from her husband as a security sum. The man paid the amount, and the SC, thereafter, quashed his conviction.

In its order, a bench of Justices J K Maheshwari and Atul S Chandurkar said, “The appellant and the victim have solemnised the marriage on attaining the age of majority... Therefore, at this stage, without entering into the merits of the case, in the peculiar facts, as narrated above, we deem it appropriate to exercise our plenary power under Article 142 of the Constitution of India for setting aside the judgment of conviction and sentence of the appellant and in terms of the statements as recorded, the appellant is acquitted from the charge.”

It further said, “Accordingly, the appeals are allowed and on the basis of subsequent events the conviction and sentence as directed by the sessions court and confirmed by the high court stand set aside. The appellant and the victim are left free to live their life peacefully in society as spouses. We make it clear that the present order has been passed in the peculiar facts of the case; therefore, it will not be treated as a precedent for any other purpose.”