In a significant order invoking its extraordinary powers, the Supreme Court has overturned the conviction of a man under the Protection of Children from Sexual Offences (POCSO) Act, citing the couple’s subsequent marriage and the victim’s own request to quash the case.

The bench of Justices J.K. Maheshwari and Atul S. Chandurkar used its authority under Article 142 of the Constitution to set aside the conviction and sentence, observing that the parties are now married and living together as husband and wife. The court emphasised that allowing them to lead a peaceful life was appropriate in the special circumstances of the case.

Special Circumstances Cited

The apex court noted that the victim, after attaining adulthood, had married the accused and approached the Supreme Court herself seeking to have his conviction and sentence set aside. The man had also paid ₹10 lakh as compensation to her. 

“Looking at the special circumstances of the case, we consider it appropriate to use our broad powers under Article 142 of the Constitution to overturn the appellant’s conviction and sentence,” the bench stated. The accused has been acquitted of the charge under Section 5(1) of the POCSO Act.

Background of the Case

The incident dates back to 2018 when the victim was a minor. According to the case details, she had been in a relationship with the accused. A trial court in 2019 sentenced him to 10 years’ imprisonment for offences under the POCSO Act involving physical relations with a minor.

The victim later married another man, but her husband abandoned her shortly after details of her past relationship surfaced. Following his release on bail, the accused reconnected with the victim. The two reconciled and solemnised their marriage in 2024.

High Court Proceedings

After the marriage, the woman moved the Madras High Court seeking to quash the proceedings and the sentence against her husband. While the High Court suspended the sentence, it rejected the plea to quash the conviction in 2021. The couple then approached the Supreme Court challenging the High Court’s decision.

Victim’s Appeal Key to Ruling

Sources familiar with the matter said the victim’s consistent stand and her willingness to continue the relationship played a crucial role in the apex court’s decision. The court took into account that the couple had settled their differences and were leading a married life.

This development comes at a time when the judiciary has occasionally used Article 142 to do complete justice in cases involving unique humanitarian considerations, even as POCSO cases generally attract strict interpretation to protect minors.

Legal Experts React

Legal observers noted that while such orders are passed in exceptional situations, they do not dilute the overall protective intent of the POCSO Act. “Each case turns on its own facts,” one senior advocate remarked, requesting anonymity. “Here, the victim’s agency as an adult and the subsequent marriage appear to have weighed with the court.”

The ruling has drawn mixed reactions on social media, with some welcoming the pragmatic approach while others expressed concern over its implications for similar cases involving minors.

What Lies Ahead

With the conviction quashed, the couple can now move forward without legal overhang. The order is expected to bring closure to a case that has spanned several years across trial and appellate courts.

The Supreme Court’s intervention in this matter once again highlights the tension between the stringent provisions of protective laws and the realities of individual lives, especially when the primary stakeholder—the victim—seeks reconciliation.