‘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.
11 Articles
11 Articles
SC shows leniency in POCSO conviction, refrains from sentencing convict married to victim, here's why
The Supreme Court on Friday opted not to impose a sentence on a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012. The decision was driven by the Court's assessment that the victim, now an adult, did not view the incident as a crime, and that the greater trauma stemmed from the legal and societal aftermath rather than the act itself. The top court observed that although the incident qualifies as a legal offenc…


Supreme Court's Extraordinary Judgment In 2023 "Control Sexual Urges" Case
The Supreme Court has ruled that no sentence will be imposed on a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, citing the unique circumstances of the case.
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