The Supreme Court on Friday (May 23) did not punish a man who was convicted under the POCSO Act. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuiyan gave this verdict using Article 142 of the Constitution. The court said, ‘According to the investigation report, it is true that it is a crime in the eyes of the law, but the victim did not feel so. He suffered the most from the fact that he had to constantly go to the police and the court and try to save the accused from punishment.’ In fact, in the case, the young man was convicted when he had physical relations with a minor girl. However, when the girl became an adult, both of them got married and now they are living with their child. The court said – The victim girl was not given a chance to choose the right option The court said that this matter is not only related to legal but also social and human aspects, so punishment was not given using special rights under Article 142. The court also said that the victim did not get a chance to make the right choice earlier. Society judged her, the law could not help her and her family left her alone. Now that woman has become emotionally attached to the culprit and is very sensitive about her small family. She wants to protect the family. The Calcutta High Court had acquitted the youth in 2023 The case was heard in the Calcutta High Court in 2023. Then the High Court had made some controversial remarks while acquitting the accused youth. The High Court had made objectionable remarks about minor girls and their so-called ‘moral duties’ while overturning his 20-year sentence. The High Court had said that young girls should ‘control their sexual desires’. Society considers the girl to be the ‘loser’ in such cases. After these remarks were criticized, the Supreme Court took cognizance of the matter. On August 20, 2024, the Supreme Court quashed the decision of the Calcutta High Court and again convicted the youth. The court ordered the assessment of the mental health of the victim girl. However, after declaring the youth guilty, the Supreme Court did not immediately sentence him. The court first ordered a process to know the current condition of the victim girl and her opinion. For this, the West Bengal government was directed to form an expert committee, which includes experts from institutions like National Institute of Mental Health and Neuroscience (NIMHANS) or Tata Institute of Social Science (TISS) and a child welfare officer. The court directed that this committee should talk to the victim and assess her mental and social condition. Also, the victim girl should be informed about the government schemes related to her well-being and ensure that whatever decisions she takes, they are with full information and understanding. The Supreme Court talked about giving vocational training to the victim. On April 3 this year, when the court read the report and talked to the victim girl itself, it found that she needed financial help. The court suggested that after the 10th examination, she should be considered for some vocational training or part-time job. Based on the report, the court said that the victim girl is now emotionally attached to the accused and is very sensitive about her small family. The court also said, ‘She did not get a chance to take a decision with the right information and options earlier. The system failed her at every level.’ —————————————— Read these news related to POCSO Act also… Supreme Court said – Center should soon create new special POCSO courts: Give priority to districts with 300 pending cases Supreme Court on Thursday directed the government to create POCSO courts on the basis of highest priority to deal with cases of sexual crimes against children. The court said that many states have created special POCSO courts, but in states like Tamil Nadu, Bihar, Uttar Pradesh, West Bengal, Odisha, Maharashtra, more courts need to be created due to case pendency. Read the full news here… High Court said – Sexual harassment can be done by both men and women: Gender is not a shield in such cases; case should be filed against female accused Delhi High Court heard a case of POCSO Act on August 10. Justice Jairam Bhambhani said that under the POCSO Act, cases of penetrative sexual assault and aggravated penetrative sexual assault (forcibly touching the private parts of a child with an object) can be filed against women as well. Gender is no shield in such cases. Read the full news here…
