Indian Supreme Court Quashes POCSO Conviction After Couple's Reconciliation and Marriage
India's Supreme Court invoked its extraordinary powers under Article 142 to quash a man's 10-year POCSO (Protection of Children from Sexual Offences) conviction after he reconciled with and married the woman who had filed the original complaint against him. The man was convicted in 2019 for having a relationship with the girl when she was a minor, but the couple reunited after her brief marriage to another man ended. The court emphasized this decision applies only to the peculiar circumstances of this case and will not serve as precedent for future POCSO cases.
A man convicted under India's POCSO Act in 2019 for having a relationship with a Class 12 girl has had his conviction quashed by the Supreme Court after the couple reconciled and married as adults. The woman had initially filed a complaint against him when he refused to marry her, leading to his 10-year sentence. After the woman's subsequent marriage to another man ended within three days, she and the original defendant reunited and decided to marry. The woman then petitioned the Madras High Court to have the conviction set aside, claiming they had settled the matter amicably, but was refused. The Supreme Court bench, after recording the woman's statement and confirming their marriage and cohabitation, exercised its plenary powers to quash the conviction and acquit the man. The court explicitly stated this order applies only to the exceptional facts of this case and will not be treated as precedent for other POCSO cases.
What's missing
The coverage lacks detail on legal experts' perspectives regarding potential implications for POCSO protections despite the non-precedent declaration, and does not explore whether the Rs 10 lakh payment raises concerns about the voluntariness of the woman's consent to the conviction quashing.
What different sources said
- Times of IndiaCenter
Supreme Court uses its special powers to quash Pocso conviction
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