Supreme Court invokes Article 142 to withhold sentencing in unique POCSO case, balancing law and justice

On May 23, 2025, the Supreme Court Bench of Justices Abhay S. Oka and Ujjal Bhuyan Invoked Article 142 of the Constitution to withhold sentencing of a convict under the POCSO Act, considering the exceptional circumstances. The victim, who was a minor when the offence occurred but is now married to the accused, would be the one most adversely affected if he were imprisoned. Despite the mandatory punishment under law, the Court found that “real justice” required deviation in this rare case.

Case Background

The matter stemmed from Suo Motu Writ Petition (C) No. 3 of 2023 and Criminal Appeal No. 1451 of 2024 filed by the State of West Bengal. The appeal contested a Calcutta High Court judgment dated October 18, 2023, which had acquitted the accused, who had earlier been convicted under Section 6 of the POCSO Act and Section 363, 366, 376(2) (n), and 376(3) IPC. The High Court’s acquittal cited the victim's continued cohabitation and shared child with the accused. On August 20, 2024, the Supreme Court reinstated the convictions under Section 6 of the POCSO Act and Sections 376(2) (n) and 376(3) of the IPC, but postponed sentencing until a detailed inquiry was completed.

Victim’s Circumstances & Systemic Lapses
The Court observed that the victim was 14 years old at the time she eloped in 2018. Her parents abandoned her, and she gave birth without support. The accused was arrested in 2021. Expert committee reports confirmed the victim was left emotionally, financially, and mentally exhausted, with debts over Rs- 2 lakhs. She has since rebuilt her life and supports her family and community.

The Court strongly criticized state failures in implementing POCSO and Juvenile Justice Act protections, calling it a breach of her Article 21 rights.

Use of Article 142 & Relief Granted

The Court upheld the conviction but, invoking Article 142, ruled the convict would not serve prison time. It stressed this case is not a precedent but reflects systemic collapse.

Directions to State & Centre
The Court directed West Bengal to:

• Provide shelter to the victim’s family within months
• Fund her education through graduation and vocational training
• Fund the child’s schooling up to 10th standard
• Ensure Rs 4,000 monthly aid for the child through Mission Vatsalya until turn 18
• Help repay her legal debts

The Union Ministry of Women and Child Development was impleaded and asked to form a committee for broader reforms, including adolescent welfare, sex education, and POCSO data tracking. The State of West Bengal must submit a compliance report by July 15, 2025. The case will be reviewed on July 25, 2025. The Union Ministry is also required to submit a comprehensive report based on the committee’s findings.

Case details- SUO MOTU WRIT PETITION (C) NO. 3 OF 2023 IN RE: RIGHT TO PRIVACY OF ADOLESCENTS with CRIMINAL APPEAL NO.1451 OF 2024