The Supreme Court of India utilized its exceptional powers under Article 142 to refrain from imposing any sentence on a man convicted of engaging in a sexual relationship with a minor. Last year, the top court overturned the Calcutta High Court’s acquittal of the man but withheld his sentencing. A bench of Justice Abhay Oka and Justice Ujjal Bhuyan referred to an expert panel report, stating that the victim, now the man’s wife, did not perceive the act as a crime but suffered due to the legal repercussions.

The couple, currently residing in West Bengal with their child, faced a tumultuous legal journey. The Supreme Court emphasized the victim’s perspective, highlighting the societal judgment, legal system’s failure, and family’s abandonment. The victim encountered a grueling battle involving the police and the legal system to shield the accused from punishment. Justice Oka noted the victim’s emotional attachment to the accused, underscoring the case’s significance as an “eye-opener” exposing gaps in the legal framework.
The case traces back to 2018 when a 14-year-old girl, reported missing by her family, was discovered to have married a 25-year-old man. Subsequently, a local court convicted the man under the POCSO Act, sentencing him to 20 years in prison. In a controversial turn of events, the Calcutta High Court acquitted the man in 2023, sparking outrage with its remarks on adolescent sexuality and moral obligations.
The High Court’s contentious statements prompted the Supreme Court to intervene. In August 2024, the Supreme Court reinstated the man’s conviction, overturning the acquittal. However, the sentencing was deferred, and an expert committee, comprising psychologists and child welfare officials, evaluated the victim’s emotional state and social well-being.
The committee’s report, submitted earlier this year, revealed the victim’s emotional attachment and possessiveness towards her family and the accused. In light of these circumstances, the Supreme Court invoked Article 142 to deliver “complete justice,” expressing that sentencing the accused would disrupt the family dynamics and fail to serve the cause of justice. The court acknowledged the systemic failures that deprived the victim of an informed choice.

Notably, the Supreme Court had previously invoked Article 142 in other instances to address pending bills and legislative matters. The recent case underscores the complexities of legal proceedings and the need for a nuanced approach to ensure justice and protect vulnerable individuals within the legal system.
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