Case Note & Summary
The appellant was convicted by the trial court for offences under Section 366 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), and sentenced to rigorous imprisonment for 5 years and 10 years respectively, with fine. Aggrieved, he appealed to the High Court of Judicature at Madras, which dismissed his appeal on 13th September 2021. During the pendency of the appeal before the High Court, the appellant married the victim in May 2021. Subsequently, the appellant approached the Supreme Court. By an order dated 6th February 2024, the Supreme Court directed the Tamil Nadu State Legal Services Authority (TNSLSA) to ascertain the well-being of the appellant's wife. The TNSLSA submitted a report revealing that after marriage, the appellant and his wife have been blessed with a male child, less than one year old, and they are leading a happy married life. The wife also filed an affidavit stating that she is dependent on the appellant and wishes to lead a happy, normal, and peaceful life with him and their child. During the hearing, the appellant's counsel prayed for invocation of Article 142 of the Constitution of India to quash the conviction and sentence to avoid disruption of matrimonial harmony. The Supreme Court heard the complainant, the father of the victim, who appeared via virtual mode and stated that he has no objection to the quashing of the conviction and sentence. The Court noted that the victim has attained majority, is married to the appellant, and they have a child. The Court held that it is a fit case to exercise its powers under Article 142 to do complete justice and quash the conviction and sentence, as the continuation of the conviction would disrupt the matrimonial harmony and affect the welfare of the family. Accordingly, the Supreme Court allowed the appeal, set aside the impugned judgment of the High Court, and quashed the conviction and sentence of the appellant.
Headnote
A) Constitutional Law - Article 142 of the Constitution of India - Complete Justice - Quashing of Conviction - The Supreme Court considered whether to exercise its extraordinary powers under Article 142 to quash the conviction of the appellant under Section 366 IPC and Section 6 POCSO Act, after the appellant married the victim and they have a child, to prevent disruption of matrimonial harmony. The Court held that it is a fit case to invoke Article 142 to do complete justice and quash the conviction and sentence, as the victim and her father supported the quashing and the couple is leading a happy married life. (Paras 1-6) B) Criminal Law - Protection of Children from Sexual Offences Act, 2012 - Section 6 - Aggravated Penetrative Sexual Assault - Marriage Between Accused and Victim - The appellant was convicted under Section 6 of the POCSO Act for aggravated penetrative sexual assault. However, after the victim attained majority and married the appellant, and with the consent of the victim and her father, the Supreme Court quashed the conviction to protect the family unit. (Paras 1-6) C) Criminal Law - Indian Penal Code, 1860 - Section 366 - Kidnapping, Abducting or Inducing Woman to Compel Her Marriage - The appellant was convicted under Section 366 IPC. The Supreme Court quashed this conviction as well, noting that the victim is now the appellant's wife and they have a child, and the continuation of the conviction would disrupt their family life. (Paras 1-6)
Issue of Consideration
Whether the Supreme Court should exercise its powers under Article 142 of the Constitution of India to quash the conviction and sentence of the appellant to preserve the matrimonial harmony between the appellant and the victim, who are now married and have a child.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned judgment of the High Court, and quashed the conviction and sentence of the appellant under Section 366 IPC and Section 6 POCSO Act, exercising its powers under Article 142 of the Constitution of India.
Law Points
- Article 142 of the Constitution of India
- complete justice
- quashing of conviction
- matrimonial harmony
- POCSO Act
- Section 6
- IPC Section 366
