In a significant judgment delivered on 23 May 2025, a Supreme Court Bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan invoked its powers under Article 142 of the Constitution to decline sentencing a convict under the Protection of Children from Sexual Offences (POCSO) Act, citing the unique circumstances of the case. The Court observed that the victim—who was a minor at the time of the offence but is now married to the accused—would suffer the most if her husband is imprisoned. The Court held that despite the statutory requirement of minimum punishment, “real justice” required a deviation in this exceptional instance.
Background of the Case
The matter arose from Suo Motu Writ Petition (C) No. 3 of 2023, taken up alongside Criminal Appeal No. 1451 of 2024 filed by the State of West Bengal. The appeal challenged a Calcutta High Court judgment dated 18 October 2023, which had acquitted the accused of serious offences under the POCSO Act and IPC by invoking Article 226 of the Constitution read with Section 482 CrPC.
Earlier, the Special POCSO Court had convicted the accused under Section 6 of the POCSO Act and Sections 363, 366, and 376(2)(n) and 376(3) of the IPC. The sentence included 20 years of rigorous imprisonment under POCSO. However, the High Court overturned the conviction, citing the victim’s continued cohabitation with the accused and their parenthood.
On 20 August 2024, the Supreme Court set aside the High Court’s judgment and restored the conviction under Section 6 of the POCSO Act and Section 376(2)(n) and (3) IPC, while affirming the acquittal under Sections 363 and 366 IPC. Sentencing was postponed pending a detailed inquiry.
Systemic Failures and Victim’s Plight
The Court highlighted that the victim was 14 years old when she eloped with the accused in 2018. Her parents abandoned her shortly thereafter. A child was born out of the relationship, and the accused was arrested in 2021. The victim was left to fend for herself and her child without state support.
Referring to reports submitted by a Court-appointed expert committee, the bench noted that the victim had been emotionally, financially, and psychologically drained by the protracted legal battle. She had incurred debts exceeding ₹2 lakhs, largely due to legal fees and touts promising relief. The committee confirmed that the victim had now re-established her life, was committed to her family, and showed signs of maturity, actively engaging with adolescent girls in her community.
Observations of the Court
The Court delivered a scathing indictment of the state machinery’s failure to protect the victim. It emphasised that the fundamental rights of the child under Article 21 of the Constitution were violated due to non-implementation of welfare provisions under the POCSO Act and Juvenile Justice Act.
Quoting its observations, the Court noted:
“Now, she is at a stage where she is desperate to save her husband. Now, she is emotionally committed to the accused and has become very possessive of her small family… if we send the accused to jail, the worst sufferer will be the victim herself.”
The Court also underlined that it was the legal system, societal attitudes, and lack of parental support—not the original act—that inflicted the deepest trauma on the victim.
Use of Article 142 and Relief Granted
Invoking Article 142 of the Constitution, the Court chose not to sentence the convict, stating:
“This case is not going to be a precedent and should not be a precedent. This case is an illustration of the complete failure of our society and our legal system.”
Despite upholding the conviction, the Court directed that the accused would not undergo imprisonment, thereby balancing the strict mandate of law with the demands of justice in the peculiar facts of the case.
Directions to the State and Centre
The Court issued detailed directions to the State of West Bengal to ensure long-term rehabilitation of the victim and her child, including:
- Provision of proper shelter for the family within a few months.
- Full funding for the victim’s education till graduation and vocational training thereafter.
- Full funding for the child’s education up to 10th standard, along with enrolment in a quality school.
- Financial support under the Mission Vatsalya scheme for the child, with ₹4,000/month until age 18.
- Assistance to repay the victim’s debts as a one-time measure.
The Court also impleaded the Union Ministry of Women and Child Development and directed the formation of a committee to examine broader reforms related to adolescent well-being, sex education, and data monitoring of POCSO implementation.
The State of West Bengal has been directed to file its first compliance report by 15 July 2025. The case will be listed again on 25 July 2025 to monitor implementation of directions. The Union Ministry must also submit a detailed report based on the expert committee’s findings.
