1. Conviction and sentencing under the Protection of Children from Sexual Offences Act, 2012, for sexual offences against a minor. (Para 2 )
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2022 Supreme(SC) 1465
SUPREME COURT OF INDIA
L. Nageswara Rao, B.R. Gavai, JJ.
K. Dhandapani – Appellant
Versus
The State By The Inspector of Police – Respondent
Criminal Appeal No. 796 of 2022 (@ SLP (Crl.) No. 9698 of 2019)
Decided On : 09-05-2022
Important Points
In cases where subsequent events indicate a happy family life and the well-being of the prosecutrix, the court may set aside the conviction and sentence.
Subject
Criminal Law - Sexual Offences
Act Referred
Headnote
POCSO Act, 2012 - Sections 5(j)(ii), 6, 5(I), 5(n) - The appellant was convicted for committing rape under these sections. The court considered the provisions of the Act in relation to the subsequent events and the well-being of the prosecutrix. The court also noted the custom in Tamilnadu of the marriage of a girl with the maternal uncle.
Fact of the Case:
The appellant, who is the maternal uncle of the prosecutrix, was convicted for committing rape under the POCSO Act. He appealed against the conviction and sentence, arguing that he had married the prosecutrix and they have two children. The prosecutrix confirmed this in her statement. The State opposed the grant of relief, arguing that the marriage was not legal and there was no guarantee that the appellant would take care of the prosecutrix and the children. The court set aside the conviction and sentence, considering the subsequent events and the happy family life of the appellant and the prosecutrix. The court also noted the custom in Tamilnadu of the marriage of a girl with the maternal uncle.
Finding of the Court:
The court considered the subsequent events and the statement of the prosecutrix confirming her marriage and happy family life with the appellant. The court also took into account the custom in Tamilnadu of the marriage of a girl with the maternal uncle. Based on these factors, the court set aside the conviction and sentence of the appellant.
Ratio Decidendi: In cases where subsequent events indicate a happy family life and the well-being of the prosecutrix, the court may set aside the conviction and sentence. The court may also consider customs and traditions that are prevalent in the society.
Result: The conviction and sentence of the appellant are set aside in the peculiar facts of the case and shall not be treated as a precedent. The appeal is disposed of. The prosecutrix or the State can move the court for modification of the order if the appellant fails to take proper care of the prosecutrix.
Legal Category Hierarchy
Advocates appeared:
Mr. M.P. Parthiban, Advocate, Mr. A.S.Vairawan, Advocate, Mr. R.Sudhakaran, Advocate, Ms. Shalini Mishra, Advocate, Mr. Vikash G.R., Advocate, For the Appellant / Dr. Joseph Aristotle S., Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, For the Respondent.
Mr. M.P. Parthiban, Advocate, Mr. A.S.Vairawan, Advocate, Mr. R.Sudhakaran, Advocate, Ms. Shalini Mishra, Advocate, Mr. Vikash G.R., Advocate, For the Appellant / Dr. Joseph Aristotle S., Advocate, Ms. Nupur Sharma, Advocate, Mr. Shobhit Dwivedi, Advocate, Mr. Sanjeev Kumar Mahara, Advocate, For the Respondent.
Table of Contents
2. Appellant seeks relief under Article 142 citing marriage and family stability; State opposes relief, arguing the marriage is illegal due to the prosecutrix's age. (Para 4 , 5 , 7 )
3. The court observed the prosecutrix's statement of a happy married life with children and noted regional customs regarding marriage to a maternal uncle. (Para 6 , 8 )
4. Conviction and sentence may be set aside in peculiar circumstances to preserve family stability and subsequent events, without establishing a general legal precedent. (Para 8 , 9 )
5. Conviction and sentence set aside and appeal disposed of, subject to the appellant continuing to provide proper care for the prosecutrix. (Para 9 , 10 )
6. Can a conviction under the POCSO Act be set aside based on subsequent marriage and family stability?
Yes, in peculiar circumstances, the court may set aside conviction and sentence to avoid disturbing a happy family life and children, though such a decision may be specified as not creating a legal precedent. (Para 8 , 9 )
7. Does the court consider local customs when evaluating the social context of a marriage in a criminal appeal?
Yes, the court may take note of specific regional customs, such as the custom of a girl marrying her maternal uncle, when considering the facts and circumstances of a case. (Para 8 )
8. Under what conditions can the court modify an order setting aside a POCSO conviction based on subsequent family stability?
The court may modify the order if the appellant fails to provide proper care for the prosecutrix, allowing the prosecutrix or the State to move the court for such modification. (Para 10 )
ORDER
1. Leave granted.
2. The appellant who is the maternal uncle of the prosecutrix belongs to Valayar community, which is a most backward community in the State of Tamilnadu. He works as a woodcutter on daily wages in a private factory. FIR was registered against him for committing rape under Sections 5(j)(ii)read with Section 6 , 5(I) read with Section 6 and 5(n) read with Section 6 of Protection of Child from Sexual Offences (POCSO) Act, 2012. He was convicted after trial for committing the said offences and sentenced to undergo rigorous imprisonment for a period of 10 years by the Sessions Judge, Fast Track Mahila Court, Tiruppur on 31.10.2018.
3. The High Court, by an order dated 13.02.2019, upheld the conviction and sentence. Aggrieved thereby, the appellant has filed this appeal.
4. Mr. M.P.Parthiban, learned counsel appearing for the appellant, submitted that allegation against him was that he had physical relations with the prosecutrix on the promise of marrying her. He stated that, in fact, he married the prosecutrix and they have two children.
5. The appellant submitted that this Court should exercise its power under Article 142 of the Constitution and ought to do complete justice and it could not be in the interest of justice to disturb the family life of the appellant and the prosecutrix.
6. After hearing the matter for some time on 08th March, 2022, we directed the District Judge to record the statement of the prosecutrix about her present status. The statement of the prosecutrix has been placed on record in which she has categorically stated that she has two children and they are being taken care of by the appellant and she is leading a happy married life.
7. Dr. Joseph Aristotle S., learned counsel appearing for the State, opposed the grant of any relief to the appellant on the ground that the prosecutrix was aged 14 years on the date of the offence and gave birth to the first child when she was 15 years and second child was born when she was 17 years. He argued that the marriage between the appellant and the prosecutrix is not legal. He expressed his apprehension that the said marriage might be only for the purpose of escaping punishment and there is no guarantee that the appellant will take care of the prosecutrix and the children after this Court grants relief to him.
8. In the peculiar facts and circumstances of this case, we are of the considered view that the conviction and sentence of the appellant who is maternal uncle of the prosecutrix deserves to be set aside in view of the subsequent events that have been brought to the notice of this Court. This Court cannot shut its eyes to the ground reality and disturb the happy family life of the appellant and the prosecutrix. We have been informed about the custom in Tamilnadu of the marriage of a girl with the maternal uncle.
9. For the aforesaid mentioned reasons, the conviction and sentence of the appellant is set aside in the peculiar facts of the case and shall not be treated as a precedent. The appeal is accordingly, disposed of. Pending application(s), if any, shall stand disposed of.
10. In case, the appellant does not take proper care of the prosecutrix, she or the State on behalf of the prosecutrix can move this Court for modification of this Order.
