SC defers POCSO case sentencing, seeks suggestion from amici curiae

The top court took suo motu cognizance of a Calcutta high court judgment in the case, where a division bench acquitted the accused for raping the minor.

The Supreme Court on Thursday deferred sentencing in a case, where a minor girl was left to reside with the man accused of raping her after her family disowned her, seeking suggestions from the amici curiae for proceeding in the case and preventing suffering of adolescent girls and their families in similar cases.

The top court took suo motu cognizance of a Calcutta high court judgment in the case, where a division bench acquitted the accused who was sentenced to 20 years in prison for raping the minor. (HT PHOTO)

“When we see such matters, we realize that there are grave limitations on our power,” justice Abhay S Oka said.

The top court took suo motu cognizance of a Calcutta high court judgment in the case, where a division bench acquitted the accused who was sentenced to 20 years in prison for raping the minor. In the controversial judgment, the HC issued a slew of recommendations including that an adolescent girl must “control sexual urges”.

The high court’s October 2023 judgment prompted the SC to take up the case and issue a reprimand, highlighting that the high court’s observations were not only “highly objectionable” but also “completely unwarranted”.

In August 2024, the Supreme Court restored the conviction of the accused and directed the state of West Bengal to constitute a three-member committee of experts to help the minor to make an informed choice regarding her future.

Upholding the conviction under offences punishable under sub-sections (2)(n) and (3) of Section 376 of the IPC and Section 6 of the Pocso Act under which he was sentenced to 20 years imprisonment by the trial court, the bench left the question of sentencing to be determined after going through the committee’s report.

The 25-year-old man was accused of raping the 14-year-old girl, in May 2018, who later resided with the accused as her family disowned her. Left with a child born to her from the rape, the top court held that the facts of the case depicted total failure of the state machinery as the victim was not produced before the child welfare committee as required under the Juvenile Justice (Care and Protection of Children) Act, 2015.

The bench of justices Oka and Ujjal Bhuyan on Thursday considered the final report of the committee and called for suggestions from the Amici.

Senior advocates Madhavi Divan and Liz Mathew submitted that the report was a “very strong indictment of systemic failure at all levels”, and that the elopement of the victim with the accused, her living with him as in a marital relationship and the birth of their child were all preventable circumstances.

While Divan pointed out that the minor, the accused and their child were a “close-knit family” and suggested suspending the sentence of the accused, the bench responded, “Suppose he changes his attitude after going scot-free. We can keep this matter pending for a while to monitor the victim and her child.”

Divan pointed out that the girl has been victimised not just by her family, the school, and the police, but also the legal system. The report highlighted how she ran from pillar to post with her child to obtain bail for her incarcerated husband. She even engaged lawyers who took hefty fees and took away the case papers. She even paid ₹15,000 to a tout who promised to secure bail for her husband.

“This shows legal system in poor light, including members of the bar,” the bench said.

On behalf of the state of West Bengal, senior advocate Huzefa Ahmadi outlined the various steps taken for welfare of the victim, including her enrolment in 10th standard in December 2024, enrolment of her child in the local Anganwadi centre as well as under a sponsorship programme under which ₹4000 will be provided every month until the child attains age of 18 yrs.

“We see no option today of sending this man to jail. It would destroy the girl and the child,” justice Oka said, and as an alternative, considered keeping the order of sentence in abeyance till the child grows up, so that there is some “pressure” on the accused-husband.

“This is one case [where] because of the fault of the system, this man will get benefit. He will get benefit not because he has done something good, but to protect the victim and the child”, the judge lamented.

The matter is next listed on March 19.