'Love, not lust': Man accused in Pocso case involving his wife gets relief, SC warning
Recording that the couple married in 2021, have since had a son, and live together, the court said it could not ignore the woman’s plea to exonerate her husband
The Supreme Court has set aside the conviction and 10-year sentence of a man found guilty of kidnapping and sexually assaulting a minor — now his wife, on the condition that he must not abandon her or their infant child, and asserted that “the law must yield to the cause of justice” in the unique circumstances of the case.
Recording that the couple married in 2021, have since had a son, and are living together, a bench of justices Dipankar Datta and AG Masih said it could not ignore the woman’s plea to exonerate her husband so that they may “lead a peaceful marital life.”
“We are conscious of the fact that a crime is not merely a wrong against an individual but against society as a whole. When an offence is committed, it wounds the collective conscience of the society…However, the administration of such law is not divorced from the practical realities. Rendering justice demands a nuanced approach. This Court tailors its decisions to the specifics of each case: with firmness and severity wherever necessary and it is merciful when warranted,” held the bench.
It noted that the case involved a relationship of love, not coercion or lust, and continuing the imprisonment now would cause greater harm -- to the woman, to the infant child, and to the stability of the family unit.
“We draw inspiration from Cardozo, J. (former US Supreme Court judge) to hold that the law aims to ensure not just punishment of the guilty, but also harmony and restoration of the social order. With such perspective in mind, we need to proceed to balance the competing interests of justice, deterrence, and rehabilitation,” it added.
While the law cannot allow quashing of the charges against the accused on the basis of a compromise between the two, the court noted, ignoring the cry of the appellant’s wife for compassion and empathy will not serve the ends of justice.
“Even the most serious offenders of law do receive justice moderated by compassion from the courts, albeit in appropriate cases. Given the peculiar facts and circumstances here, a balanced approach combining practicality and empathy is necessary… Continuation of the criminal proceedings and the appellant’s incarceration would only disrupt this familial unit and cause irreparable harm to the victim, the infant child, and the fabric of society itself,” it said.
Exercising its constitutional power under Article 142, the bench proceeded to quash the conviction and sentence, but on a condition – that the man must maintain his wife and child “for the rest of their life with dignity.”
“Bearing in mind the interests of the appellant’s wife and child, we deem it appropriate to subject the appellant to the specific condition of not deserting his wife and child and also to maintain them for the rest of their life with dignity. If, in future, there be any default on the appellant’s part and the same is brought to the notice of this Court by his wife or their child or the complainant, the consequences may not be too palatable for the appellant,” it warned the man.
The court reiterated that it was acting only because of the exceptional chain of events, including the marriage, the child, and the express wishes of the woman and her family.
Simultaneously, the court stressed that its order, which was passed in exercise of its extraordinary power under Article 142 to do complete justice, was not to be treated as a precedent in other cases involving offences under the Protection of Children from Sexual Offences (POCSO) Act.
“This order is rendered in the unique circumstances that have unfolded before us and shall not be treated as a precedent for any other case,” it said.
The man was convicted by a Chennai trial court in 2018 under Section 366 (kidnapping) of the Indian Penal Code and Section 6 (sexual assault) of the POCSO Act, which ordinarily carries stringent punishment. The Madras High Court upheld the conviction in 2021.
During the appeal before the Supreme Court, however, the woman submitted an affidavit stating she was dependent on the man and wished to continue her married life with him. The Tamil Nadu State Legal Services Authority also confirmed that the couple was cohabiting and raising their child.
When the bench spoke to the woman’s father -- the complainant in the case, during the hearing, he said he had no objection to ending the criminal proceedings, the court recorded.
“We are, thus, persuaded to hold that this is a case where the law must yield to the cause of justice,” held the bench, dropping all charges against the man.
