The Supreme Court has quashed the conviction of an accused under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) on the ground that the victim and the accused are now married and living together, effectively treating the incident as one of affection rather than premeditated sexual exploitation.
The bench observed that while the POCSO Act is designed to protect children from sexual offences, the particular facts — including the victim’s age being confirmed as an adult at the time of the relationship, and her consent to and marriage with the accused — rendered continued prosecution unjust.
The Court recognised that the victim had been subjected to social stigma, family rejection and trauma not just from the offence, but from the legal process itself. It held that imposing punishment under these circumstances would compound the injustice already suffered.
The judgment underscores that while the statute provides no exception for consensual relations involving a minor, the Court may use its extraordinary powers under Article 142 of the Constitution to do “complete justice” where the facts warrant it — though it made clear this decision should not be treated as a precedent for undermining the protective purpose of the POCSO Act.
