Protection of Children from Sexual Offences Act, 2012 – s.6 – Penal Code, 1860 – ss.363 and 366 – Sentencing of the accused – Rehabilitation of the victim and her child – Measures for adolescent well being and child protection – On facts, girl aged fourteen years victim under the POCSO Act – Victim married the accused and had a child with him – Acquittal of the accused for the offences punishable under the 2012 Act and IPC by the High Court, since the victim and the accused wanted to continue their cohabitation – In appeal thereagainst, this Court set aside the judgment of the High Court and restored the conviction of the accused for the offences punishable u/ss.376(2)(n) and 376(3) IPC and s.6 of the POCSO Act – Issue as regards sentencing the accused and the suo motu writ petition as regards objectionable observations made in the impugned judgment:
Held: Final report of the Committee concludes that though the incident was seen as a crime in law, the victim did not treat it as one – In law, no option but to sentence the accused and send him to jail for undergoing the minimum punishment prescribed by the Statute – However, the society, the family of the victim and the legal system have done enough injustice to the victim, she has been subjected to enough trauma and agony and would add to the injustice by sending her husband to jail to undergo imprisonment – There has been failure to provide both social and economic justice to the victim, failure of the concept of welfare state, complete failure of the society and the legal system – However, as compared to the situation when the incident took place, victim is better placed today and is comfortable with her small family – Earlier she did not get any opportunity to make informed choice, and now, she is desperate to save her husband and is emotionally committed to him and has become very possessive of her small family – To remedy the situation, the Court to ensure that the accused is not separated from the victim, and the State and the society to ensure that the family is rehabilitated – Exercising the jurisdiction u/Art.142, though the accused stands convicted, he will not undergo sentence – State to act as a true guardian of the victim and her child; to provide a better shelter to the victim and her family; to bear the expenditure of the education of the victim till Xth standard, the degree course, if she desires to pursue, and can offer her free vocational training after her Xth standard; to bear the entire expenditure of the education of the child up to Xth standard and ensure that she is educated in a very good school; and to take the assistance of NGOs for securing debts incurred by victim – State to file compliance report regarding implementation of the said directions – Secretary, Ministry of Women and Child Development to appoint Committee of experts to deal with the suggestions of amici curiae, and thereafter submit detailed report. [Paras 23-31]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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