SC invokes Article 142 to quash POCSO conviction, Pg14

Key Highlights:

• The Supreme Court of India invoked its extraordinary powers under Article 142 of the Constitution to quash a conviction under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
• This decision was made in a case where the victim and the accused had subsequently married after the victim attained majority.
• The Court observed that the couple should be allowed to live "peacefully in society as spouses" and noted that the victim had received ₹10 lakh as compensation.
• The original conviction was for a 10-year imprisonment and a fine, stemming from a complaint lodged by the victim when the accused refused to marry her while she was a minor.
• The Supreme Court explicitly stated that this order was based on the peculiar facts and circumstances of the case and should not be treated as a precedent.

Detailed Insights:

• The case involved a relationship that began when the victim was a minor, leading to a POCSO conviction after the accused initially refused marriage.
• The High Court had previously rejected the victim's request to quash the conviction, prompting the accused to appeal to the Supreme Court.
• The Supreme Court directed the recording of the victim's statement, where she confirmed her marriage to the accused after attaining majority and her desire to end the litigation.
• The State government also expressed no objection to setting aside the conviction, considering the unique factual scenario and the couple's reconciliation.
• This exercise of Article 142 highlights the Supreme Court's role in ensuring "complete justice" in situations where existing laws might not provide adequate remedies, allowing for flexibility in exceptional cases.
• The ruling underscores the judiciary's careful balance between upholding statutory provisions like POCSO and addressing the evolving social realities and interests of the parties involved.

Key Concepts Involved:

• Article 142: Empowers the Supreme Court to pass any decree or order necessary for doing "complete justice" in any matter pending before it.
• Protection of Children from Sexual Offences (POCSO) Act, 2012: A comprehensive Indian law designed to protect children under 18 years from sexual assault, harassment, and exploitation.