New Delhi39 minutes ago
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The Supreme Court canceled the punishment given under the POCSO Act. The court took this decision because the accused and the victim later got married and the accused also paid a compensation of Rs 10 lakh to the victim. The court says that the victim married the accused after attaining adulthood. The victim herself had appealed to the Supreme Court to get her sentence cancelled.
The court said that the accused and the victim are now free to live a peaceful life in the society like husband and wife. In 2019, the trial court had sentenced the accused to 10 years imprisonment. Madras High Court had suspended the sentence, but rejected the victim’s plea to end the case in 2021. After this the accused reached the Supreme Court.
The court gave its verdict using special powers
The Supreme Court gave the verdict using its special powers under Article 142. Under Article 142 of the Constitution, the Supreme Court has the power to pass any order necessary to ensure complete justice in any case pending before it.
The bench of Justice JK Maheshwari and Justice Atul S Chandurkar said – In view of the special circumstances of the case, we consider it appropriate to use our wide powers under Article 142 of the Constitution to quash the conviction and sentence of the appellant. This judgment is in relation to the charge under Section 5(1) of the POCSO Act and the appellant is acquitted of this charge.
Now know the whole matter…
This case is of the year 2018, when the victim was a minor. He had fallen in love with this person. The accused was sentenced to 10 years under the Protection of Children from Sexual Offenses (POCSO) Act for the offense of having physical relations with a minor. After this the victim got married to another young man. But her husband left her within a few days after finding out about her previous relationship.
After coming out on bail, the accused again came in contact with the victim. There was a reconciliation between the two and they got married in the year 2024. After the marriage, the woman filed a petition in the Madras High Court requesting to cancel the sentence awarded to her husband under the POCSO Act. However, the High Court rejected the petition. After this both of them had appealed to the Supreme Court.
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