
CHENNAI: The Madras High Court has set aside the conviction and 20 years imprisonment awarded to a youth by a trial court for sexual assault of a minor girl in 2021. The court took into account their subsequent marriage, after the girl turned 18, for ordering the acquittal.
Justice M Nirmal Kumar passed the orders while allowing an appeal filed by the youth who was convicted by the Special Court for Protection of Children from Sexual Offences (Pocso) Act Cases in Tiruvannamalai district in 2023 for penetrative sexual assault of the 16-year-old girl who was studying Class XI at the time of the incident.
The judge cited Supreme Court’s orders and observations in two cases which stated that courts cannot shut their eyes to ground reality and disturb the happy family life of appellant as well as the victim-girl in Pocso cases. “The conviction and sentence imposed on the appellant is set aside. He is acquitted of all charges,” the HC order said. With the acquittal, the ‘stigma of criminal case and conviction’ no longer existed, Justice Nirmal Kumar said.
Convicted in Pocso case in 2023
The judge said the case cannot be quoted or referred to for disqualification or other adverse considerations against the appellant or the victim in their future endeavours since they are seeking employment in private and government sector establishments.
The appellant was pursuing a degree course when Covid pandemic intervened. During the lockdown, he stayed at a relative’s house located near the victim girl’s residence.
The victim, being taken care of by her grandmother, was a Class XI student then, and was employed in a textile shop. He had befriended her before falling in love and later both had developed intimacy, leading to physical relationship. She had become pregnant and the issue came out when she fell ill. Her grandmother lodged a complaint with the police, and the youth was arrested in 2021.
Later, the Special Court for Pocso Act Cases convicted and sentenced him on two counts in June 2023. He challenged the judgment in the Madras High Court which granted him bail and suspended the sentence in November 2023, considering the nature of the relationship and willingness of the relatives on both sides to get them married as the girl had turned 18 by then. They got married soon after on November 24, 2023, and the relevant documents regarding their marriage were produced before the HC.