‘Crime result of love, not lust’: SC quashes conviction under POCSO Act

The Supreme Court has quashed the conviction and sentence of a man who was found guilty under Section 366 IPC and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act after taking note of his subsequent marriage to the victim and their peaceful family life. The court also took note of the victim’s (now his wife) expression of dependence on her husband and her desire to live peacefully with him, along with their child, concluding that the crime was an outcome of love and not lust.

However, the bench of Justice Dipankar Datta and Justice Augustine George Masih imposed a condition on the appellant not to desert his wife and child, as well as to sustain them with dignity for the rest of their lives. The top court warned the appellant of severe consequences if he failed to comply.

‘Case requires a balanced approach’

The bench noted that although the appellant has been convicted of a heinous offence but in view of the peculiar facts of the case, the matter requires a "balanced approach combining practicality and empathy”.

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Apart from the victim’s (wife) willingness to live peacefully with the appellant along with the child, the top court also noted that Tamil Nadu State Legal Services Authority (“TNSLSA”) have confirmed that the couple were living happily with their infant child.

On continuing criminal proceedings

The court observed that even though the offence committed by the appellant was punishable under the POCSO Act, the crime was an outcome of love and not lust.

“While considering the offence committed by the appellant punishable under the POCSO Act, we have discerned that the crime was not the result of lust but love,” the court said as quoted by Live Law.

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“Continuation of the criminal proceedings and the appellant's incarceration would only disrupt this familial unit and cause irreparable harm to the victim, the infant child, and the fabric of society itself,” it added.

The court further stated that “even the most serious offenders of law do receive justice moderated by compassion from the courts, albeit in appropriate cases. Given the peculiar facts and circumstances here, a balanced approach combining practicality and empathy is necessary.”

Condition of not deserting wife, child

The bench then discharged the appellant from the offence with a “specific condition of not deserting his wife and child and also to maintain them for the rest of their life with dignity.”

The court clarified that the “order is rendered in the unique circumstances that have unfolded before us and shall not be treated as a precedent for any other case."