CALCUTTA: The Supreme Court on Tuesday set aside the Calcutta High Court's verdict, which had acquitted a man in a sexual assault case & made "objectionable" observations advising adolescent girls to "control sexual urges".
It has also issued guidelines for the judges as to how to write judgments in cases involving adolescents.
"We have set aside the judgement and restored the conviction under section 376 (Rape) of the Indian Penal Code (IPC). We have said in what manner the judgement is to be written. So all observations will go," the two-judge bench of the top court, led by Justice Abhay S Oka and Justice Ujjal Bhuyan said, in their verdict today.
The apex court said that the matter should have been sent to JJB (Juvenile Justice Board) as JJ Act has enough provisions to take care of future of child till age of 21.
While restoring the conviction of the man, accused of sexual assault, the top court directed states to implement provisions from 19(6) of POCSO with 30 to 43 of JJ (Juvenile Justice) Act. It also constituted a committee of experts to help child to make an informed choice.
Earlier, the two-judge bench of the apex court, led by Justice Oka and Justice Bhuyan, had reserved its verdict on May, after hearing the argument and submissions from all the sides.
The Calcutta High Court had in its verdict on October 18, made the observations in a case while acquitting a man, who was earlier convicted by a lower court for raping a minor girl with whom he had a 'romantic affair'. The Calcutta HC bench had advised young girls and boys to rein in their sexual urges.
After this, the Supreme Court had in December 07, last year had taken Suo motu cognizance of the verdict of the Calcutta High Court and decided to hear the case.
The top court had said that these observations ae completely in violation of the rights of adolescents under Article 21 of the Constitution and had appointed senior lawyer and former Additional Solicitor General (ASG) Madhavi Divan as Amicus Curiae (Friend of the court) in the case to assist the court.
The West Bengal govt, had also moved the SC against this October 18, 2023, verdict of the HC.
The Supreme Court had earlier said that the judges should not express their personal belief or opinion or try to preach, while hearing the Suo motu cognisance case pertaining to the HC verdict stating that adolescent girls must control their sexual urges instead of giving in to two minutes of pleasure.
The Apex Court was critical of some part of October 18's, 2023, Calcutta HC verdict, which was delivered by a division bench, headed by Justice Chitta Ranjan Dash and Partha Sarathi Sen.
The SC had strongly criticized the HC's two judges personal observations and personal remarks and termed these as "sad and unfortunate," and had said the judges were not expected to express their personal views or preach.
The Top Court termed the observations of the Judges as "highly objectionable and completely unwarranted”. It also went on to say that the sweeping remarks passed by the HC was prima facie uncalled for.
The Calcutta HC, while acquitting an accused who was booked under the IPC and other sections, had made these controversial observations.