IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus

IN RE: RIGHT TO PRIVACY OF ADOLESCENTS versus

The evidence established that the accused (about 25 years old) repeatedly committed penetrative sexual assault on a 14‑year‑old victim, resulting in pregnancy; under Section 375 IPC (sixthly) and Section 6 POCSO (aggravated penetrative sexual assault) and Section 376(2)(n)/(3) IPC the offences were made out and consent/characterisation as a 'romantic relationship' was irrelevant; the High Court erred in exercising plenary powers to quash convictions for such serious offences and therefore the Special Court's convictions under s.6 POCSO and s.376(2)(n)/(3) IPC are restored while acquittals under Sections 363 and 366 IPC are confirmed.

Parties
Appellant: State of West Bengal; Respondent/convict: Accused; Victim (minor): Victim
Jurisdiction
India
Judgment Date
20 August 2024
Procedural Posture
Criminal Appeal (against High Court Judgment) / Decision on Appeal by Supreme Court
Outcome
Appeal partly allowed; High Court judgment set aside to the extent it quashed convictions; Special Court judgment restored as to conviction under Section 6 POCSO Act and Sections 376(2)(n) and 376(3) IPC; acquittal under Sections 363 and 366 IPC confirmed.
Legal Topics
Right to Privacy of Adolescents, Protection of Children From Sexual Offences Act, 2012 S.6, Indian Penal Code S.376(2)(n) and S.376(3), POCSO S.19(6) Implementation, Juvenile Justice (care and Protection of Children) Act, 2015 Rehabilitation Provisions, Essentials of Appellate Judgment, Quashing Powers Under Article 226 and Section 482 Cr.pc
Criminal Law Child Protection Law Constitutional Law Juvenile Justice Right to Privacy of Adolescents Protection of Children From Sexual Offences Act, 2012 S.6 Indian Penal Code S.376(2)(n) and S.376(3) POCSO S.19(6) Implementation +3 more

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Parties

State of West Bengal

Appellant

Accused

Respondent/convict

Victim

Victim (minor)

Procedural Posture

Criminal Appeal (against High Court Judgment) / Decision on Appeal by Supreme Court

Legal Issues

  1. 1 Essentials of a judgment on appeal against conviction
  2. 2 Whether offences under s.6 POCSO Act and s.376 IPC were made out
  3. 3 Whether an offence under POCSO/IPC can be characterised as a 'romantic relationship'

Ratio Decidendi

The evidence established that the accused (about 25 years old) repeatedly committed penetrative sexual assault on a 14‑year‑old victim, resulting in pregnancy; under Section 375 IPC (sixthly) and Section 6 POCSO (aggravated penetrative sexual assault) and Section 376(2)(n)/(3) IPC the offences were made out and consent/characterisation as a 'romantic relationship' was irrelevant; the High Court erred in exercising plenary powers to quash convictions for such serious offences and therefore the Special Court's convictions under s.6 POCSO and s.376(2)(n)/(3) IPC are restored while acquittals under Sections 363 and 366 IPC are confirmed.

Court Disposition

Appeal partly allowed; High Court judgment set aside to the extent it quashed convictions; Special Court judgment restored as to conviction under Section 6 POCSO Act and Sections 376(2)(n) and 376(3) IPC; acquittal under Sections 363 and 366 IPC confirmed.

Orders

  • Impugned High Court judgment set aside and Special Court judgment restored insofar as conviction under Section 6 of the POCSO Act and sub-sections (2)(n) and (3) of Section 376 IPC; accused stands convicted; acquittal under Sections 363 and 366 IPC confirmed (para 44(a)).
  • Government of West Bengal to constitute a committee of three experts, including a clinical psychologist and a social scientist, with assistance from NIMHANS or TISS and a child welfare officer as coordinator/secretary, within three weeks (paras 44(b)-(c)).