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‘I am in a happy married life with the accused’, the Supreme Court gave this verdict in the POCSO case


New Delhi:Supreme court ,Supreme Court) quashed the sentence of the accused in the Pocso case under a special circumstance. A statement has been given on behalf of the girl in the Supreme Court that she is married to the accused. She has two children and enjoys a happy married life with the accused.Happy Married Life) is passing. He is also taking care of them. In view of the special circumstances, the Supreme Court quashed the conviction and sentence against the accused and also said that this case should not be seen as an example.

The Supreme Court has said in its judgment that the court cannot blind its eyes from the ground reality in this case nor can it disturb the happy married life of the girl and the petitioner. The Supreme Court said that they have also been apprised of the fact that the accused and the victim girl are maternal uncle and niece and there is also a practice of marriage between maternal uncle and niece in Tamil Nadu. This case pertains to Tamil Nadu. The community to which the girl and the boy belong is from the most backward community of the state. The boy used to work on daily wages in the factory.

He was accused of having a sexual offence with a minor girl. A case was registered against him under POCSO. Tirupur Women’s Court on 31 October 2018 sentenced the accused to 10 years imprisonment in the POCSO case. The Madras High Court upheld the sentence on 13 February 2019 after which the matter came before the Supreme Court. An application was filed on behalf of the petitioner in the Supreme Court saying that he was accused of having a relationship with the promise of marriage. Whereas in reality he is married and has two children.

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In such a situation, the Supreme Court should exercise its prerogative. It would not be right that there should be disturbance in his married life. On March 8, 2022, the Supreme Court sought a report from the district judge of the area about the girl’s statement and her current condition. Presenting the report in the Supreme Court, it was told that the girl has said that she is leading a happy married life by marrying the accused. She also has two children and the accused is taking care of them. On behalf of the state government, it was said that both the children were born when the girl was a minor. It may also be possible that the accused got married to avoid punishment.

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Supreme Court Justice L. The bench headed by Nageswara Rao said the facts in the case are peculiar and have special circumstances. We are of the view that in view of the facts, the conviction of the accused is quashed. The court said that we cannot close our eyes from the ground reality. Their married and happy married life cannot be disturbed.

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