10 hours ago
1
Invoking its bonzer authorization nether Article 142 of the Constitution, the Supreme Court has quashed the condemnation of a antheral sentenced nether the Protection of Children from Sexual Offences (POCSO) Act aft noting that the unfortunate has joined the accused connected attaining the property of majority.
Article 142 of the Constitution empowers the Supreme Court to walk immoderate bid indispensable for doing "complete justice" successful immoderate origin pending earlier it to guarantee justice. In this case, the antheral and the pistillate fell successful emotion portion she was studying successful Class XII.
When helium refused to wed her, she had filed a ailment against the antheral resulting successful him being sentenced to 10 years nether the Protection of Children from Sexual Offences (POCSO) Act for having carnal relations with a minor.
The pistillate aboriginal joined different man, who near her days aft helium came to cognize of her erstwhile relationship. While retired connected bail, the antheral reconciled with her and they some joined and started surviving together.
After their marriage, the mates started surviving unneurotic and thereafter the pistillate moved the Madras High Court seeking to acceptable speech condemnation of her hubby nether POCSO Act. The High Court, however, rejected her plea which prompted the mates to determination the Supreme Court.
A Bench of Justices J.K. Maheshwari and Atul S. Chandurkar said the appellant and the unfortunate are escaped to unrecorded their beingness peacefully successful nine arsenic spouse.
"Without entering into the merits of the case, successful the peculiar facts, we deem it due to workout our plenary powerfulness nether Article 142 of the Constitution of India for mounting speech the judgement of condemnation and condemnation of the appellant... for the complaint nether Section 5(1) of POCSO Act and the appellant is acquitted from the charge," the Bench said.
The Supreme Court said the bid has been passed successful the peculiar facts of the lawsuit and volition not beryllium treated arsenic a precedent for immoderate different purpose. "As the substantive jailhouse condemnation of the appellant was suspended by the High Court vide bid dated June 3, 2019, helium request not surrender until required successful immoderate different case," the Bench added.
