The Supreme Court set aside the sentence awarded to a Protection of Children from Sexual Offences Act, 2012 (POCSO) convict, reasoning that it would cause further injustice to the victim, who was now committed to the convict.
The Bench had previously overturned a Calcutta High Court decision which had indulged in “victim-shaming” while acquitting the accused in a POCSO case. While deciding the sentence to be awarded to the convict, the Supreme Court noted that there had been grave systemic failures, a lack of support from the victim’s parents and an absence of proper legal aid. They noted that the victim had dedicated herself to building a family with the convict and did not perceive the POCSO offence as a crime.
The Court clarified that this decision is not a precedent—it was a response to the failure of State machinery. The Bench directed the State Government of West Bengal to act as her guardian, provide proper shelter and pay for the victim and her child’s education. They directed the Union government to form a committee to implement the suggestions made by the Amicus Curiae to bring about institutional accountability in POCSO cases.
Read the Judgement here.
Judgement Date: 23 May 2025
Citations: 2025 INSC 778 | 2025 SCO.LR 5(4)[18]
Bench: A.S. Oka J, Ujjal Bhuyan J
Case Comment:
In Suo Motu Writ Petition (C) No.3 of 2023, this Court’s attention was drawn to certain objectionable observations made in the aforesaid judgement. While dealing with the same, this court took note of the systemic failure of the State to protect the victim, resulting in her fate and wellbeing being ultimately tied up with that of the accused.
In paragraphs 15 and 15.1, this Court has dealt with the objectionable portions of the impugned judgment of the High Court. Thereafter, this Court also dealt with the exercise of plenary powers of the High Court under Section 482 of the CrPC to quash the order of conviction. we are of the view that if we send the accused to jail, the worst sufferer will be the victim herself. As compared to the situation in 2018, she is better placed today. Now she is comfortable with her small family. She along with the accused, is concentrating on their daughter and they want to ensure that she gets quality education. The court directed the State to take measures as directed in the order.
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