SC comes to rescue of Minor Accused and Victim of POCSO Case who got Married, Read Order

The Supreme Court has suspended the sentence of a convict in POCSO Case who later married the victim.

The Division Bench of Justice Dinesh Maheshwari and Justice Aniruddha Bose while suspending the execution of remaining part of sentence awarded to the petitioner-accussed who married the victim before the Trial Court convition order, noted:

"Having regard to the totality of facts and circumstances, we are inclined to suspend the execution of remaining part of the sentence awarded to the appellant."

The Bench was adjudicating upon an SLP challenging Madras High upholding the conviction of the petitioner by the Trial Court under Section 6 of POCSO Act imposing a sentence of 10 years of Rigorous Imprisonment and to pay a fine of Rs. 5000.

The petition presented the Top Court with the legal question to settle:

 "Whether the punishing of an adolescent boy who enters into a relationship with a minor girl by treating him as an offender is the objective of the POCSO Act and question of applicability of POCSO to consensual relationship not need an examination by Court in view of the conflicting opinions given by different High Courts on the ambit of POCSO to punish consensual relationship''.

The Court has decided in favour of the 25 years old petitioner who has been in jail for around 2 years 11 months.

The prime contention raised by his Counsel was that the High Court passed the order without considering that it was a case of consensual love affair when they were minors and before pronouncement of the final judgment of the Trial Court, both the Victim and Petitioner got married.

Read Order Here:

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