She didn’t see it as crime: Supreme Court frees man convicted of sex with minor
Mangalore Today News Network
New Delhi, May 23, 2025: The Supreme Court has ruled that no sentence will be imposed on a man convicted under the Protection of Children from Sexual Offences (POCSO) Act, citing the unique circumstances of the case. The decision was made by a bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan, through the Court’s powers under Article 142 of the Constitution.
The man, who was 24 at the time of the offence, had been convicted of engaging in a sexual relationship with a minor girl. He later married her after she reached adulthood. The couple now lives together with their child.
A committee of experts, including a clinical psychologist and a social scientist, was constituted to examine the victim’s present circumstances and emotional well-being. Their findings played a pivotal role in the Court’s final decision.
"The society judged her, the legal system failed her, and her own family abandoned her," the Supreme Court remarked.
In its ruling, the Court stated that the victim, now an adult, did not view the incident as a crime. "Though the incident is seen as crime in law, the victim did not accept it as one. It was not the legal crime that caused trauma to her, but rather the consequences that followed. What she had to face as a consequence was the police, the legal system, and a constant battle to save the accused from punishment," the Court added. "The facts of this case are an eye-opener for everyone."
The Court held that the extraordinary circumstances, including the emotional attachment of the victim to the accused and their current family life, warranted the execution of powers under Article 142 to do "complete justice".
Calcutta High Court Connection
The case first reached the Supreme Court after controversial observations by the Calcutta High Court in its 2023 judgment acquitting the man. The High Court had overturned his 20-year sentence, making sweeping comments about adolescent girls and their perceived moral obligations.
The High Court had said that an adolescent girl should "control sexual urges," stating that society considers her the "loser" in such encounters. These remarks triggered widespread criticism. The Supreme Court took note of the case, not only to review the acquittal but also to address the High Court’s comments.
On August 20, 2024, the Supreme Court set aside the Calcutta High Court’s judgment and reinstated the man’s conviction.
While restoring the conviction, the Court did not proceed immediately with sentencing. Instead, it ordered a fact-finding process to evaluate the victim’s present situation and her views about the case. The West Bengal government was directed to form an expert committee, including members from institutions like NIMHANS or TISS, and a child welfare officer, to coordinate the inquiry.
Committee’s Findings
The committee was tasked with informing the victim about welfare entitlements and ensuring that her choices were made with full awareness of available support. The Court noted that she had become "emotionally attached" to the accused and was "very possessive" about her small family.
The committee’s report was submitted in a sealed envelope. On April 3 this year, after reviewing the findings and speaking with the victim, the Court observed she required financial assistance. It advised that vocational training or part-time employment be considered after she completes her 10th board examinations.
"She did not have the opportunity to make an informed choice earlier. The system failed her at multiple levels," the Court said.