The Supreme Court on Friday overturned its decision today, providing relief to the accused in a case of sexual exploitation of a minor in the "interest of justice."
In a rare move, the top court reversed its earlier ruling and decided to close the case of sexual abuse of a minor.
The case was earlier dismissed by the Calcutta High Court citing mutual consent between the parties. However, in August 2024, the apex court criticised the High Court’s decision and ordered the case to proceed.
Justice Abhay S Oka, hearing the case on his last day in office acknowledged that the girl, whom the law recognises as the victim, does not consider herself one.
She shares a deep affection for the accused, the court observed.
SC Uses Special Power
The two got married and had a child together. If the girl experienced any harm, it was due to the legal process, not the actions of the accused. As a result, the Supreme Court, using its special power under Article 142, decided to close the case pending in the lower court.
On October 18, 2023, a two-judge bench of the Calcutta High Court comprising Justices Chittaranjan Das and Parthasarathi Sen acquitted the accused from charges under the POCSO Act, citing the mutual consent between the two.
The ruling was controversial, particularly due to the High Court's remarks, which stated that "girls should control their sexual desires and not focus on fleeting pleasures."
The High Court also advised boys to respect the dignity of girls. Upon learning of this, the Supreme Court took suo-motu cognizance of the case, which it named "In Re: Right to Privacy of Adolescent."
On August 20, 2024, the Supreme Court overturned the High Court's judgment, criticising the inappropriate comments made by the High Court and directed that the case should continue under the POCSO Act.
However, the Supreme Court has now accepted that the girl is married to the accused, loves him, and wishes to preserve her small family. Therefore, continuing a criminal case against the accused would not be in the interest of justice.
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