By Admin 
In a rare case, the Supreme Court, using its full powers under Article 142 of the Constitution, has quashed POCSO proceedings against a man who had sex with a minor girl and later married her. The court also said, ‘This crime was not the result of lust, but of love.’
Justice Dipankar Dutta and Justice A. Yes. Masih’s bench said that the victim (now wife) has said that she was married to the man and they both had a one-year-old son. They are living a happy life now. The girl’s father also wants the criminal proceedings against his daughter’s husband to end.
Criminal law is a manifestation of the sovereign will of society.
The bench said, ‘We are aware of the fact that the crime is not only against an individual but against the entire society. When a crime is committed it hurts the collective conscience of the society and hence the society, through its elected MPs, determines what the punishment will be for such a crime and how the criminal should be treated, so that it is not repeated.’
The bench said that criminal law is a manifestation of the sovereign will of the society, but the implementation of such law is not divorced from practical realities. The bench, in its order dated October 28, said, ‘Delivering justice requires a nuanced approach. This court gives its decisions according to the specificities of each case, that is, it gives decisions with firmness and seriousness as required, but also with kindness.
Supreme Court has extraordinary power of ‘absolute justice’
The bench said that it is also in the best interest of the society to end any dispute as far as possible. Justice Dutta, in his judgment written on behalf of the bench, said that the Supreme Court needs to balance the conflicting interests of justice, resistance and reform.
The bench said that the framers of the Constitution have given this court an extraordinary power to do ‘complete justice’ in appropriate cases and this constitutional power is distinct from all other powers and its object is to avoid situations of injustice arising from the rigid application of law.
Crime is not the result of lust, it is the result of love.
The Court said, ‘As per the law made by the Legislature, the proceedings in the present case cannot be quashed on the basis of the agreement entered into between the Appellant and his wife after the Appellant has been found guilty of a heinous crime, but in our opinion, justice will not be served by ignoring the pleas of the Appellant’s wife for compassion and sympathy.’
The bench said, ‘The appellant and the victim are not only legally married, but they are also together in family life. Considering the offense of the appellant under the POCSO (Protection of Children from Sexual Offenses) Act, we find that the offense was not the result of lust, but of love.’
Supreme Court order under Article 142
It also said, ‘The victim herself has expressed her desire to live a peaceful and stable family life with the appellant, so that the husband (appellant) does not bear the indelible mark of being a criminal.’ The Supreme Court said that continuation of the criminal proceedings and the imprisonment of the appellant would cause disruption to the family and would cause irreparable damage to the victim, the newborn child and the fabric of the society.
The bench said, ‘Accordingly, in view of the above considerations, subsequent developments in the trial and in the interest of providing complete justice, we consider it appropriate to quash the criminal proceedings in exercise of our powers under Article 142 of the Constitution.’
Supreme Court warned the criminal husband
The Supreme Court warned and imposed a condition on the man and said that he would never leave his wife and child and would also support them with respect throughout his life. The bench clarified that this order has been given in specific circumstances and it should not be considered as a precedent for any other case.
Also, the bench warned the husband, saying, ‘If in future any lapse occurs on the part of the appellant and is brought to the notice of this court by his wife, his children or the complainant, the consequences will not be pleasant for the appellant.’
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