NEW DELHI: Invoking its extraordinary jurisdiction under Article 142 of the Indian Constitution, the Supreme Court in a recent and significant order set aside the conviction of a man sentenced under the Protection of Children from Sexual Offences (POCSO) Act, after taking note of subsequent developments such as his marriage with the victim after both had reached the legal age of consent.
"Without entering into the merits of the case, in the peculiar facts, 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 (Maruthupandi) for the charge under Section 5(1) of POCSO Act and the appellant is acquitted from the charge," a bench of Justices J K Maheshwari and Atul S Chandurkar said in its order.
While allowing the appeals of Maruthupandi, the court said, "the appellant and the victim are left free to live their life peacefully in society as spouse. 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."
The bench in its order further clarified 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.
As per the case details, the two youngsters fell in love sometime around the year 2015, but their relationship ended after the girl filed a complaint against him for refusing to marry her. He was tried under the stringent Protection of Children from Sexual Offences Act and was sentenced to 10-years of jail term in 2019. He was also convicted for having physical relations with the minor girl.
Following his conviction, the girl married another man who later left her only three days after the marriage, after knowing her past relationship with the accused.
While undergoing jail sentence in the case, he was released on bail and following this he tried to reconcile the differences with her and they both married and started living together.
She thereafter moved to Madras High Court as she wanted to express the "untold truth" of the case. She told the court that they have been living together and have settled the matter.
During the case hearing in the HC, she pleaded that the conviction of her husband be set aside to allow them to live peacefully in future. The HC, however, refused her plea and the couple then moved to SC.
The apex court directed the Judicial Magistrate to record her statement regarding the status of their relationship and marriage and also directed the couple to appear before it. As the court interacted with them, the girl put an additional demand of Rs 10 lakh from her husband towards the security of her life and the man paid the amount to her and SC, thereafter, quashed his conviction.
"Appellant and the victim have solemnised the marriage on attaining the age of majority and also received the amount of compensation for his guilt with the minor victim," the top court said.
