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Supreme Court Upholds Conviction but Suspends Punishment for Adolescent Victim’s Welfare — “Accused and Victim Wanted to Continue Cohabiting – “If We Send the Accused to Jail, the Worst Sufferer Will Be the Victim Herself.””

Supreme Court Upholds Conviction but Suspends Punishment for Adolescent Victim’s Welfare — "Accused and Victim Wanted to Continue Cohabiting - “If We Send the Accused to Jail, the Worst Sufferer Will Be the Victim Herself.”"

Supreme Court Upholds Conviction but Suspends Punishment for Adolescent Victim’s Welfare — "Accused and Victim Wanted to Continue Cohabiting - “If We Send the Accused to Jail, the Worst Sufferer Will Be the Victim Herself.”"

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Court’s Decision

The Supreme Court, exercising its extraordinary jurisdiction under Article 142 of the Constitution, convicted the accused for offences under Section 6 of the POCSO Act and Sections 376(2)(n) and 376(3) IPC but suspended his sentence, stating:

“If we send the accused to jail, the worst sufferer will be the victim herself.”

The Court held that although a conviction was legally warranted, sending the accused to prison would compound the trauma of the adolescent victim and her child. The Court ordered the State to rehabilitate the victim’s family and constituted a committee to address broader issues concerning adolescent well-being and systemic failures under the POCSO and JJ Acts.


Facts


Issues

  1. Whether the High Court was justified in quashing the conviction under Article 226 read with Section 482 CrPC.
  2. How sentencing should be approached in cases involving adolescent consensual relationships.
  3. What rehabilitative measures must be adopted for victims under the POCSO Act.
  4. How systemic failures can be addressed to prevent similar occurrences.

Petitioner’s Arguments (State of West Bengal & Amici)


Respondent’s Arguments


Analysis of the Law


Precedent Analysis


Court’s Reasoning


Conclusion

The Supreme Court held:

“Though the accused stands convicted, he will not undergo sentence.”


Implications

Also Read – Delhi High Court Allows Registered Will Despite Delay — “Justice Can’t Be Denied for a Procedural Lapse When No Prejudice Is Caused”: Permits Stronger Evidence in Probate Case with ₹25,000 Cost for Late Filing

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