Indian Supreme Court Quashes POCSO Conviction After Couple's Reconciliation and Marriage
The Supreme Court of India invoked Article 142 of the Constitution to set aside a man's 10-year POCSO conviction after his victim, now an adult, married him and sought the acquittal. The case originated when the woman, then a minor in Class 12, filed a complaint after the man refused to marry her, leading to his 2019 conviction for aggravated penetrative sexual assault. The court stressed the ruling is limited to the case's unique circumstances and will not serve as a legal precedent.
India's Supreme Court, in a bench comprising Justices J.K. Maheshwari and Atul S. Chandurkar, used its plenary powers under Article 142 of the Constitution to quash the POCSO conviction and 10-year sentence of a man found guilty in 2019 of having a physical relationship with a minor. The case arose after the woman, who was in Class 12 at the time, lodged a criminal complaint when the man refused to marry her. After his conviction, the woman married another man, but that marriage ended within days. The couple subsequently reconciled, married after she reached adulthood, and began living together. The woman approached the Madras High Court seeking to have the conviction set aside, but the court declined; the couple then appealed to the Supreme Court. The apex court personally interacted with the woman, who expressed no objection to the acquittal and requested a financial security sum — reported as Rs 10 lakh by one outlet and Rs 1 lakh by another — which the man deposited. The state government also raised no objection, and the court concluded that justice would be served by setting aside the conviction, while explicitly stating the order would not be treated as a precedent.
What's missing
Neither source addresses broader legal or advocacy perspectives on whether Article 142 should be used to quash POCSO convictions even in reconciliation cases, nor do they note any reaction from child rights organisations or legal experts who have previously raised concerns about courts treating POCSO offences as compoundable through marriage.
How coverage differed
The two outlets reported the same core facts but differed on one notable detail: Times of India reported the woman demanded Rs 10 lakh as a security sum, while The Hindu reported the amount as Rs 1 lakh, suggesting a possible discrepancy in the figures cited from court records.
What different sources said
- Times of IndiaCenter
Supreme Court uses its special powers to quash Pocso conviction
- The HinduCenter
Supreme Court quashes POCSO case against man using extraordinary power
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