The Supreme Court on Friday decided not to punish a man found guilty under the POCSO Act for having a sexual relationship with a minor. The court used its special powers under Article 142, which allowed it to do complete justice in a case. A panel report showed that the victim, now the man's wife, did not think the act was a crime.The court said she suffered more because of the legal case than from the incident itself. The couple now lives together in West Bengal with their child.

The bench of Justices Abhay S. Oka and Ujjal Bhuyan said, “The victim didn’t treat this as a serious crime. Society judged her, her family left her, and the legal system failed her. She had to deal with the police, courts, and the pressure to protect the accused.”The court said this decision was made only because of the special situation and should not be seen as a general rule. It used Article 142 to stop the punishment and close the case in a way that protects the woman’s life and dignity.

About the case

The case began in 2018 when a 14-year-old girl was reported missing. She was later found to have married a 25-year-old man. The girl’s family filed a police complaint, and a local court sentenced the man to 20 years in jail.
In 2023, the Calcutta High Court acquitted the man. Its remarks on adolescent behaviour drew criticism, leading to the Supreme Court taking up the case. In August 2024, the Supreme Court restored the conviction but paused sentencing. It directed the West Bengal government to form an expert panel to study the emotional and social condition of the girl, now an adult.

The panel reported that the woman is emotionally attached to the man and lives with him and their child. Justice Abhay S Oka said the case shows gaps in the legal system. The court observed that the legal process caused the woman more harm than the incident itself. It said sentencing the man now would harm the family, and used Article 142 to close the case in the interest of justice.