POCSO Act accused marries Victim post conviction : Criminal proceedings quashed.

Supreme Court Invokes Extraordinary Powers to Quash Conviction in Favor of Matrimonial Harmony. Apex Court uses Article 142 to prioritize family welfare over criminal sentencing in a unique case involving the POCSO Act.

In a landmark judgment delivered on October 28, 2025, the Supreme Court of India invoked its extraordinary powers under Article 142 of the Constitution to quash the criminal proceedings against K. Kirubakaran, convicted under Section 366 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The Court's decision arose from the unique circumstances surrounding the case, where the appellant married the victim post-conviction, and together they have since been leading a harmonious family life with their child.

The appellant, Kirubakaran, was initially sentenced to rigorous imprisonment for 5 and 10 years under the IPC and POCSO Act respectively. However, during the pendency of his appeal, he solemnized his marriage with the victim in May 2021. Subsequent reports from the Tamil Nadu State Legal Services Authority confirmed their stable and happy marital life, further substantiated by an affidavit from the appellant's wife expressing her dependency and desire for a peaceful family life.

In light of these developments, a plea was made to invoke Article 142 to quash the conviction, highlighting the potential disruption of matrimonial harmony and societal interest. The Court, led by Justices Dipankar Datta and Augustine George Masih, acknowledged the exceptional nature of the case, noting the crime stemmed from love rather than lust, thereby warranting a compassionate approach.

The Supreme Court emphasized the role of justice in balancing societal deterrence with rehabilitation, recognizing that rigid application of the law might not serve the ends of justice in this scenario. The judgment underscored the importance of maintaining family unity and societal fabric, highlighting the potential irreparable harm to the victim, child, and society should the proceedings continue.

The Court imposed a condition on the appellant to ensure he does not desert his wife and child, mandating their maintenance with dignity. Any future violation of this condition could result in severe consequences for Kirubakaran.

This decision marks a significant instance where the Supreme Court has tailored justice to specific case circumstances, reiterating its commitment to "complete justice" under Article 142. The Court's judgment reflects a nuanced balance between legal rigidity and compassionate justice, setting a precedent for empathetic judicial discretion.

Bottom Line:

In exceptional and unique circumstances, the Supreme Court can invoke its powers under Article 142 of the Constitution of India to quash criminal proceedings against a convicted appellant, considering factors such as matrimonial harmony, the welfare of the victim, and societal interest.

Statutory provision(s): Article 142 of the Constitution of India, Section 366 of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act, 2012

K. Kirubakaran v. State of Tamil Nadu (SC) : Law Finder Doc Id # 2801457