New Delhi: From conviction for rape to acquittal under the Constitution’s broadest equality powers – the Supreme Court overturned a man’s ten-year prison sentence after recording that he had since married the woman and that the couple were living together happily, but made clear that the acquittal would only stand if he did not give it up.
The bench, comprising Chief Justice of India Surya Kant and Justice Joymalia Bagchi, noted that the relief was exceptional and conditional, while warning that any attempt by the man to abandon his wife would revive the conviction.
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“In view of the subsequent events in which the appellant and respondent No. 2 got married, we deem it appropriate to invoke our powers under Article 142 of the Constitution… The appellant should be acquitted to all intents and purposes, however, on the condition that he continues to maintain a cordial relationship and does not abandon respondent No. 2 – his wife,” the bench said in its recent order.
The criminal case arose from what the Supreme Court described as a romantic relationship between the accused and the girl, who was a minor at the time of the sexual relationship. He was convicted under Section 376(2)(n) of the Indian Penal Code, which deals with rape, read with Section 6 of the Protection of Children from Sexual Offenses (POCSO) Act, which provides punishment for sexual assault on a minor.
The Orissa High Court, in October 2023, refused regular bail to the man after he was convicted by the Jeypore Magistrate Court. The trial court sentenced him to ten years’ rigorous imprisonment under the provisions of IPC and POCSO, along with fines, with the sentences to run concurrently.
While the High Court granted him interim bail for limited periods, taking into account his conduct and period of detention, the conviction itself remained unchanged and his criminal appeal remained pending. The matter reached the Supreme Court, which released him on bail on February 10, 2025.
At that stage, the court recorded that the accused married the complainant in December 2019 and that the woman’s lawyer informed the court that he was “preserving the health of the complainant”.
In its final ruling, the Supreme Court took note of “subsequent events”, namely the marriage between the appellant and the complainant, which took place with the intervention of the elderly, and their continued cohabitation.
“In light of subsequent events… we deem it appropriate to activate our powers under Article 142 of the Constitution,” the court said. Section 142 gives the Supreme Court the power to make any order necessary to achieve “full justice” in a matter before it. The court ordered that the appellant “shall be acquitted to all intents and purposes”, but imposed a caveat that he must continue to maintain a cordial relationship and “not abandon” his wife.
The court added a stern warning that if the appellant attempted to abuse the privilege granted, “all proceedings at every level would be revived.”
