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‘No Sentencing in POSCO Case, Victim Did Not See It as Crime’: Supreme Court Delivers Ruling Using Article 142

  • On May 23, 2025, the Supreme Court in New Delhi decided to refrain from sentencing a man convicted under the POCSO Act after the victim attained adulthood and married him.
  • The legal dispute originated from an event in West Bengal in 2018, involving a minor girl who moved in with a man significantly older than her, resulting in his conviction and subsequent appeals.
  • The Court criticized the Calcutta High Court's 2023 ruling that acquitted the man and made controversial remarks about adolescent girls, prompting the Supreme Court to reinstate the conviction in August 2024.
  • The bench led by Justices Oka and Bhuyan invoked Article 142 to forgo sentencing based on the victim’s informed attachment to the accused and the trauma caused by societal and system failures.
  • The Court ordered state support for the victim and her child, highlighted systemic legal gaps, and stated that imprisoning the man now would deepen the victim’s trauma rather than deliver justice.
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livelaw.in broke the news in India on Friday, May 23, 2025.
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