The Port Blair circuit bench of the Calcutta High Court has quashed two Protection of Children from Sexual Offences (POCSO) Act cases against a man after his wife filed a plea. The couple, who were not legally married, had been cohabiting and had two children. The division bench, comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray, observed that any conviction would destroy the family unit and highlighted the rigidity of the POCSO Act.
Background of the Case
The couple met in 2017 when the girl was a 14-year-old student in class 7 at Karmatang, and the man was 24 years old. Their first child, a daughter, was born in the same year. Following this, a POCSO case was registered against the man for rape, as the girl was a minor. While he was out on bail, the girl became pregnant again and gave birth to their second child, a son, in 2019. Since she was still a minor, another similar case was filed. The man was sentenced to 10 years of imprisonment and fined Rs 5,000 in each case. He appealed against the conviction before the division bench.
High Court's Observations
After hearing the depositions of the couple before the special court and considering the wife's plea before the High Court, the bench stated: "It was more than mere physical relationship between the two. It was a meeting of minds. It was a longing to be together and walk the path of life holding each other's hands. This is not a case where the survivor girl fell prey to the accused person's lust, libido or carnal desire. This is a case of loving consensual physical relationship in which force or violence had no role to play."
The court acknowledged that while the POCSO Act has a laudable objective, its rigidity can lead to harsh outcomes. In this case, the bench extended the application of Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty. The judges noted that Article 21 gives the couple the right to live a happy and healthy married life, which is a fundamental right of every citizen.
Consideration of Family's Economic Status
The bench also took into account the economic status of the family. The man is the sole earning member. If the appeals were dismissed, he would have to return to custody, likely leading to the disintegration of a happy family and causing destitution and ruin for the wife and two children. The court emphasized that the probable result of upholding the conviction would be the destruction of the family unit.
In conclusion, the Calcutta High Court's decision underscores the importance of balancing the stringent provisions of the POCSO Act with the fundamental rights of individuals, especially when consensual relationships and family welfare are involved.
