‘Legal system failed her’: SC spares sentence in POCSO case linked to Calcutta HC’s ‘control sexual urges’ remark
In this case, Calcutta high court had commented on adolescent sexuality, that female adolescents should “control their sexual urges”.
The Supreme Court on Friday decided not to sentence a man convicted under the POCSO Act, 2012, saying the legal process had caused more harm to the victim than the incident itself.
A bench of Justice Abhay Oka and Justice Ujjal Bhuyan invoked Article 142 of the Constitution, which allows the Supreme Court to do “complete justice,” to show leniency in the case. The decision was based on a detailed report from a court-appointed expert committee.
The judgment came after a suo motu proceeding triggered by controversial remarks made by the Calcutta high court while acquitting a 25-year-old man earlier convicted under the POCSO Act.
The high court’s comments on adolescent sexuality, saying that girls should “control their sexual urges,” drew widespread criticism, reported LiveLaw.
The Supreme Court overturned the acquittal on August 20, 2024, reinstated the conviction, and condemned the high court’s language as “objectionable and unwarranted,” violating Article 21 of the Constitution.
‘The society judged her’: What SC said
The convict, previously found guilty under Section 6 of the POCSO Act and relevant sections of the Indian Penal Code (IPC), is now married to the victim, who is an adult, and they live together with their child.
“The final report concludes that though the incident is seen as crime in law the victim did not accept it as one. The committee records that it was not the legal crime that caused any trauma to the victim but rather it was the consequence that followed which took a toll on her. What she had to face as a consequence was the police, the legal system, and constant battle to save the accused from punishment,” LiveLaw quoted the Supreme Court bench as saying.
“The facts of this case are an eye-opener for everyone. It highlights the lacunae in the legal system,” the Supreme Court observed.
It added that the victim had been denied the opportunity to make an informed choice due to failures in societal, familial, and legal structures.
“The society judged her, the legal system failed her, and her own family abandoned her,” the bench remarked.
The Supreme Court further recognised the emotional bond the victim has developed with the accused. “That is the reason we are giving for exercising power under Article 142, not to impose sentence,” Justice Oka said, stressing the unique and deeply personal dynamics of the case.
Following the Calcutta high court’s suo motu proceedings, the apex court formed a three-member committee, including a clinical psychologist, a social scientist, and a child welfare officer, to provide guidance to the victim and assist her in understanding her rights and options.
Based on the committee’s confidential report, the Supreme Court determined that sentencing the man would cause further harm to the victim.
In earlier hearings, the apex court directed the West Bengal government to ensure access to education for the couple’s child and recommended vocational support for the victim after her 10th board exams.
Moreover, the top court issued broad directives for nationwide compliance with child protection laws, mandating that the judgment be circulated to all States and Union Territories for review and policy action.
The Ministry of Women and Child Development was asked to consider the suggestions made by the SC-appointed amicus curiae and report on further steps.
