Thursday, May 19, 2022
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Now both are married, can’t ruin their happy life… 10 year jail sentence in sexual harassment case revoked


New Delhi: The Supreme Court has quashed the conviction and sentence of 10 years in jail for the accused of sexual assault of a minor niece, holding that they are now married and have children and this court cannot destroy their happy life by blinding their eyes from the reality. The apex court was apprised of the Tamil Nadu tradition where a girl can be married to her maternal uncle. Thereafter, the court said that considering the facts and circumstances of the case, the conviction and sentence of the accused deserves to be set aside.

Justice L. Nageswara Rao and Justice B. R. Gavai said, “This court cannot turn its back on the reality and destroy the marital life of the appellant and the victim.” We have been made aware of the practice of marriage of niece with maternal uncle in Tamil Nadu.

Disposing of the appeal against the conviction and sentence, the bench said, “For the unique reasons mentioned above, the conviction and sentence of the appellant is set aside but shall not be taken as an instance.”

The top court said that if the man does not take proper care of his wife, then she (the woman) or the government can approach the court to amend this order.

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