Madras High Court
Chinnadurai vs The State Rep By Its on 24 June, 2026
Author: C.Saravanan
Bench: C.Saravanan
Crl.A.No.92 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2026
CORAM :
THE HONOURABLE MR. JUSTICE C.SARAVANAN
Crl.A.No.92 of 2022
Chinnadurai,
S/o.Kaliyan ... Appellant
Vs.
The State,
Represented by the Inspector of Police,
Thittakudi Police Station,
Cuddalore District.
(Crime No.63 of 2019) ... Respondent
Prayer: Criminal Appeal filed under Section 374(2) of the Criminal
Procedure Code, 1973, to set aside the conviction and sentence against
the Appellant in Spl.S.C.No.84 of 2019 on the file of the learned Sessions
Judge, Special Court for Exclusive Trial Cases under POCSO Act,
Cuddalore dated 15.09.2021 and allow this Appeal.
For Appellant : Mr.S.Saravana Kumar
For Respondent : Mr.M.Mohamed Riyaz
Government Advocate (Criminal Side)
JUDGMENT
The Appellant has filed this Criminal Appeal, to set aside the
conviction and sentence in Spl.S.C.No.84 of 2019 on the file of the
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learned Sessions Judge, Special Court for Exclusive Trial Cases under
POCSO Act, Cuddalore dated 15.09.2021 and allow this Appeal.
2. On 19.06.2026, this case was directed to be listed for hearing in
the Chamber on 24.06.2026 at 1.30 p.m., in presence of the Appellant
and the Victim.
3. Thus, this case was listed in the Chamber at 2.30 p.m., today
after a Memorandum of Compromise / Joint Compromise Memo dated
04.03.2026 was filed before this Court on 19.06.2026 by the Appellant
and the Victim through their counsel, stating that the Appellant and the
Victim have since settled in a matrimony after this Court had earlier
suspended the sentence vide order dated 14.06.2022 in Crl.M.P.No.1247
of 2022.
4. The Victim was aged about 14 years on 12.04.2019 at the time
of the alleged offence. The First Information Report was registered in
Crime No.63 of 2019 before the Respondent Police Station. The Victim
has attained the age of majority during the interregnum.
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5. As per the Memorandum of Compromise / Joint Compromise
Memo dated 04.03.2026, the marriage was solemnized between them on
17.06.2024. The said marriage has also been registered before the Joint
Sub-Registrar’s Office-II, Cuddalore vide Marriage
Sl.No.TMR/Cuddalore Joint II/658/2024 dated 20.06.2024.
6. Thus, both the Appellant and the Victim have now settled in a
matrimony. As per the Memorandum of Compromise / Joint
Compromise Memo dated 04.03.2026, they also have a minor male child
namely C.Yashwanth Sharma who is ten months old.
7. Learned counsel for the Appellant and the learned Government
Advocate (Criminal Side) for the Respondent have confirmed the identity
of the individuals including the minor infant child C.Yashwanth Sharma.
They are also present.
8. I have verified the above credentials of the Appellant, the
Victim and the minor child C.Yashwanth Sharma. The Appellant is
legally wedded husband of the Victim, and both are the parents of the
minor infant child C.Yashwanth Sharma.
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9. Thus, both the Appellant and the Victim who are husband and
wife in the eye of law are now responsible for the welfare of the said
minor infant child.
10. The powers of the Appellate Court under Section 374(2) of the
Criminal Procedure Code, 1973 (Similar to Section 415 of Bharatiya
Nagarik Suraksha Sanhita, 2023) is limited. It is not similar to the
powers of the Court under Section 482 of the Criminal Procedure Code,
1973 (Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023).
11. However, an Appellate Court can also exercise the inherent
power under Section 482 of the Criminal Procedure Code, 1973 (Section
528 of Bharatiya Nagarik Suraksha Sanhita, 2023. In this connection, I
refer to the decision of the Hon’ble Supreme Court in Popular
Muthaiah Vs. State, Represented by the Inspector of Police, (2006) 7
SCC 296.
12. There, the Hon’ble Supreme Court while dealing with an
appeal arising out of an order dated 18.04.2002 passed by a Division
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Bench of this Court in Crl.A.No.696 of 1997 upholding the conviction of
the Appellant, and observed as follows in Paragraph No.24:
“24. It is also significant to note that whereas inherent power
of a court or a tribunal is generally recognised, such power has
been recognised under the Code of Criminal Procedure only in
the High Court and not in any other court. The High Court apart
from exercising its revisional or inherent power indisputably
may also exercise its supervisory jurisdiction in terms of Article
227 of the Constitution of India and in some matters in terms of
Section 483 thereof. The High Court, therefore, has a prominent
place in the Code of Criminal Procedure vis-à-vis the Court of
Session which is also possessed of a revisional power.
[Note: Para 21 corrected vide Official Corrigendum
No.F.3/ED.B.J./73/2006 dated 30-10-2006.]
13. In Paragraph No.27, the Hon’ble Supreme Court also underscored
the power of the High Court in its appellate jurisdiction and stated that it
is limited but at the same time it was held not to limit its inherent powers
under Section 482 of the Criminal Procedure Code, 1973. Specifically,
the Hon’ble Supreme Court held that there may not, therefore, be an
embargo for the High Court to exercise its extraordinary inherent
jurisdiction while exercising other jurisdictions in the matter i.e., its
appellate power and revisional power. Paragraph No.27 reads as under:-
“27. While exercising its appellate power, the jurisdiction of the
High Court although is limited but, in our opinion, there exists a
distinction but a significant one being that the High Court can
exercise its revisional jurisdiction and/or inherent jurisdiction not5/29
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Crl.A.No.92 of 2022only when an application therefor is filed but also suo motu. It is
not in dispute that suo motu power can be exercised by the High
Court while exercising its revisional jurisdiction. There may not,
therefore, be an embargo for the High Court to exercise its
extraordinary inherent jurisdiction while exercising other
jurisdictions in the matter. Keeping in view the intention of
Parliament, while making the new law the emphasis of
Parliament being “a case before the court” in contradistinction
from “a person who is arrayed as an accused before it” when
the High Court is seized with the entire case although would
exercise a limited jurisdiction in terms of Section 386 of the
Code of Criminal Procedure, the same, in our considered view,
cannot be held to limit its other powers and in particular that of
Section 482 of the Code of Criminal Procedure in relation to the
matter which is not before it.”
14. In Paragraph No.29, the Hon’ble Supreme Court ultimately
held as under:-
“29. The High Court while, thus, exercising its
revisional or appellate power, may exercise its inherent
powers. Inherent power of the High Court can be exercised,
it is trite, both in relation to substantive as also procedural
matters.”
15. Quite recently, this Court by its order dated 12.12.2025 in the
case of Pradeep and another Vs. The State, Represented by the
Inspector of Police and others, under Section 482 of the Criminal
Procedure Code, 1973, quashed the final report in Spl.S.C.No.30 of 2025,
before the Fast Track Mahila Court, Krishnagiri under similar
circumstances. There, the Court took note of the decision of the Hon’ble
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Supreme Court in K.Kirubakaran Vs. State of Tamil Nadu, 2025 SCC
OnLine SC 2307 and the decision of the Hon’ble Supreme Court in
K.Dhandapani Vs. The State by the Inspector of Police, 2022 SCC
OnLine SC 1056. These decisions have been followed by the Court
across the Country.
16. Earlier, the Division Bench of the Calcutta High Court in its
Judgment dated 18.10.2023 in the case of Probhat Purkait @ Provat
Vs. The State of West Bengal in CRA(DB) No.14 of 2023, had reversed
the conviction of an accused for the offences under Section 363 and
Section 366 of the Indian Penal Code, 1860 and Section 6 of the
Protection of Children from Sexual Offences (POCSO) Act, 2012.
17. There, the Calcutta High Court had sentenced the accused to
Rigorous Imprisonment for 20 years and fine of Rs.10,000/- and in
default to undergo Rigorous Imprisonment for a period of two months
under Section 6 of the Protection of Children from Sexual Offences
(POCSO) Act, 2012.
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18. The sentence under the provisions of the Indian Penal Code,
1860 and the Protection of Children from Sexual Offences (POCSO) Act,
2012 were to run concurrently.
19. There, the alleged offence is said to have taken place in the
year 2018. The victim was 14 years old, which is quite similar to the
facts of the case before this Court. In the present case, the victim was
approximately 14 years in the year 2019 on the date of alleged offence.
20. In the said case, the victim was pregnant and the marriage was
solemnized when the victim was a minor in the year 2019, whereas in the
present case after the sentence was suspended by this Court by its order
dated 14.06.2022, the marriage was solemnized on 17.06.2024 as stated
above.
21. Thus, there was also a child marriage in the said case before the
Division Bench of the Calcultta High Court, whereas in this case the
marriage was solemnized after the victim had attained majority during
the period of suspension of sentence on 17.06.2024.
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22. There, a girl child was born on 16.05.2021. In the present case,
a male child is said to have been born some time in June 2025 after the
solemnization of marriage during the suspension of sentence.
23. There, the Division Bench of the Calcutta High Court observed
that the said case was of “non-exploitative consensual sexual
relationship” between the minor and an elder adolescent/young adult and
a male child was born two years after they were in relationship with each
other.
24. The Division Bench of the Calcutta High Court also took note
of the fact that the Appellant therein had committed sexual offence and
got married to the victim to wriggle out of the punishment.
25. The Division Bench also drew attention to the decision of the
Hon’ble Supreme Court in K.Dhandapani Vs. The State by the
Inspector of Police, 2022 SCC OnLine SC 1056, where the victim was
14 years old at the time of occurence, and she had also given birth to her
second child fathered by the accused when she was 17 years old, the
Hon’ble Supreme Court while setting aside the conviction held that it
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could not shut its eyes to the ground reality and disturb the happy married
life of the Appellant and the prosecutrix, by taking in to account the
customary practice of marriage prevalent in the State of Tamil Nadu.
26. Ultimately, the Division Bench of the Calcutta High Court set
aside the Impugned Judgement, in its purported exercise of its inherent
power under Section 482 of Cr.P.C. and plenary power under Article 226
of the Constitution of India. The Division Bench of the Calcutta High
Court in Paragraph Nos.39 and 42, concluded as under:-
“39. In the present case things are even
on better footing. The girl was 14+ when the
occurrence happened. The boy was also an old
adolescent or a young adult at that time. There
was love affair between them, but the record is
silent as to how they developed an affair and where
they saw each other. It comes on record that the
sister of the appellant lives in the vicinity of the
parental home of the victim. That might be a place
where the victim and appellant met and the affairs
between them developed. There is nothing on
record and P.W.2 ipse dixit has testified that she
being the mother of the victim had never seen the
appellant coming to their house. There is nothing
on record to show also that the appellant by
hatching a conspiracy kidnapped the victim girl.
Rather there is evidence to the effect that the
victim girl walked down to the house of the
appellant to accept her as his wife. As discussed
supra when the victim gave birth to the child she
was aged about 17 years 2 months and 27 days
taking the age of the birth as mentioned in the10/29
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Crl.A.No.92 of 2022birth certificate (Exhibit-I). We, therefore, find no
materials-on-record to sustain the conviction of
the appellant under Section(s) 363 and 366 IPC.
40. …..
41. …..
42. As discussed supra many Hon’ble
High Courts including this Court have exercised
their inherent jurisdiction under Section 482
Cr.P.C. to quash proceeding or FIR on being
moved by the accused especially in such cases.
This appellant being ignorant and poor could not
move this Court in appropriate time seeking
quashing of the FIR or proceeding. He has
however been convicted by the learned Trial Court
and rightly convicted in view of the provisions
contained in the POCSO Act. But taking into
consideration the ground reality, subsequent
development of birth of a child, peculiarity of facts
and especially the economic conditions of the
appellant and suffering of the victim since the date
of arrest of her husband who (victim) is managing
the family of an ailing mother-in-law and a small
child without any support by her parents, we are
constrained to take a humane view of the matter to
do complete justice. We, therefore, invoke our
inherent jurisdiction under Section 482 Cr.P.C.
coupled with our plenary power under Article 226
of the Constitution of India and set aside the
conviction of the appellant under Section 6 of the
POCSO Act, Sections 376(3) and 376(2)(n) I.P.C.”
27. As against the said Judgment of the Division Bench of the
Calcutta High Court dated 18.10.2023 in Probhat Purkait @ Provat
(referred to supra), suo motu Writ Petition was initiated based on the
directions issued by the Hon’ble Chief Justice of India.
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28. The State Government also filed an appeal in
Crl.A.No.1451 of 2024 before the Hon’ble Supreme Court. There, the
Hon’ble Supreme Court found the following observations of the Division
Bench of the Calcutta High Court objectionable,
“Objectionable portions of the impugned judgment
18. Madhavi Divan, the learned Senior Counsel
appointed as Amicus Curiae, has culled out the portions of
the impugned judgment which, according to her, are highly
objectionable. We are reproducing the same:
i. we feel it prudent to mention here that we noticed a rustic
lady with a rumpled saree and unkempt hair, looking more
aged than her age standing in a corner of the court with a
baby in her arms.
ii. non-exploitative sexual relationship without any intent is in
rise among adolescents in our country. We may only say that
may be for the reason of climatic change, change in food
habits, etc. girls are attaining puberty now-a-days in a
younger age and sexuality develop in them very early may be
owing to peer pressure, influence by social media, free
availability of porn materials and free mixing with friends of
opposite sex in a taboo free atmosphere. This being, however,
sociological study by experts, we do not want to comment on
these aspects. To top it all we do not want to go to the
pathology of the offence(s) statutorily outlined in
the POCSO Act.
iii. The discussion so far stresses on a “rights based
approach” so far as adolescents are concerned. We may
sound narrow in our view, but the practicality of the facts is
that a “rights based approach” as a panacea for all the
problems that come is not the solution, and in our view, not
the just and correct approach. For conferring the rights
suggested in the aforesaid discussion on the “captioned
group” i.e. adolescents between the age fold of 16 to 18 in12/29
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Crl.A.No.92 of 2022“romantic relationship”, some tests are to be satisfied first.
Those are:
(i) Whether conferment of suggested rights on the
“captioned group” is/are in their best interest?
(ii) Whether the captioned group has the discretion
and maturity to use those rights for their best interest?
(iii) Whether such rights at such age is conducive for
overall development of their personality or it is
destructive of their self-development?
(iv) Who are the persons on whom such rights are to
be conferred, are they disciplined adolescents or a
wayward lot, who have no control on their trivial urge to
have sex?
(v) Whether conferment of such rights on the
captioned group is in the best interest of the society?
iv. To find answers to these tests opinions of some individuals,
rights activists, or view of so-called liberals are not at all
sufficient.
v. Fundamental rights in the Constitution and various other
rights in different statutes have been given to individuals for a
balance in the society, to check arbitrariness of the
Government and development of best self of an individual. If
we go deep into our old texts, we find that rights are not
conferred but they are earned by action of an individual. If we
look at Bentham’s theory, it is found that every right has
corresponding duty/duties or obligation/obligations. By
performing the obligation, you have to earn the right/rights. It
is somewhat similar to the old oriental philosophy ‘Do your
duty and earn your right’.
vi. The principal androgenic steroid is testosterone, which is
secreted primarily from the testes in men and ovaries in
women and in small amounts from the adrenal glands, both in
men and women. Hypothalamus and pituitary gland control
the amount of testosterone, which is primarily responsible for
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sex urge and libido (in men). Its existence is there in the body,
so when the respective gland becomes active by stimulation,
sexual urge is aroused. But activation of the respective
responsible gland is not automatic. It needs stimulation by
our sights, hearing, reading erotic materials and conversation
with opposite sex. So sexual urge is created by our own
action. Sex in adolescents is normal but sexual urge or
arousal of such urge is dependent on some action by the
individual, may be a man or woman. Therefore, sexual urge is
not at all normal and normative. If we stop some action(s),
arousal of sexual urge, as advocated in our discussion supra,
ceases to be normal.
vii. Ask any parents of an adolescent, may be a boy or girl,
you shall get the answer how difficult it is to give a right
upbringing to him/her in view of free flow of negative
materials from the web and social media, which hamper their
thinking process and living. We, therefore, propose to take a
“duty/obligation based approach” to the issue in hand.
viii. It is the duty/obligation of every female adolescent to:
(i) Protect her right to integrity of her body.
(ii) Protect her dignity and self-worth.
(iii) Thrive for overall development of her self-
transcending gender barriers.
(iv) Control sexual urge/urges as in the eyes of the
society she is the looser (sic) when she gives in to enjoy
the sexual pleasure of hardly two minutes.
(v) Protect her right to autonomy of her body and her
privacy.
It is the duty of a male adolescent to respect the aforesaid
duties of a young girl or woman and he should train his mind
to a respect a woman, her self-worth, her dignity and privacy,
and right to autonomy of her body.
ix. … Similarly, parental guidance and education so far as
boys are concerned is to include how to respect a woman;
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how to keep dignity of a woman; how to protect the integrity
of body of a woman; and how to befriend a woman without
being aroused by sexual urge even if there are advances from
the other side till he becomes capable to maintain a family.
x. We do not want our adolescents to do anything that shall
push them from dark to darker side of life. It is normal for
each adolescent to seek the company of opposite sex but it is
not normal for them to engage in sex devoid of any
commitment and dedication. We want them to spread their
wings high with a view to realise their best selves. Sex shall
come automatically to them when they grow self-reliant,
economically independent and a person which they dreamt
one day to be. Along with sex in such a stage shall come love
with commitment and dedication towards each other as they
shall have the discretion and maturity to understand each
other, adjust with each other and forgive each other. We
beseech our adolescents to follow a salutary legal principle of
Mahabharata “Dharmo Rakshyati Rakshyita” (one who
protects law is protected by law) and proceed in their path of
self-development without being influenced by bashful urge of
urgent sex.
xi. So far as the case of criminalisation of romantic
relationship between two adolescents of opposite sex is
concerned it should better be left to the wisdom of the
judiciary. Each judiciary in the world has the nicety of
pluralism. Each individual Judge has his/her own opinion.
He/She has his/her own unique style of addressing an issue.
… We are, therefore, of the view that the grey area of
adolescent consensual sex about which much commotion is
made should be left to the discretion and wisdom of the
judiciary. It is also found from decisions of different High
Courts that such matters have been dealt with in proper
perspective taking into consideration the peculiarity of case
placed before the court.
xii. Coming to the present case we find that this is a case of
non-exploitative consensual sexual relationship between a
minor girl and an older adolescent or may be a young adult.
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xiii. In the present case things are even on better footing. The
girl was 14+ when the occurrence happened. The boy was
also an old adolescent or a young adult at that time.
15.1 We need not waste pages dealing with every
observation/finding quoted above. The observations are
utterly irrelevant for deciding the controversy. To say the
least, these observations are shocking, which will ex facie
invite a finding of perversity.”
29. There, the Hon’ble Supreme Court had appointed amicus curiae,
namely, Ms.Madhavi Goradia Divan and Ms.Liz Mathew, to assist the
Court. The Hon’ble Supreme Court in Paragraph No.21 held “when such
offences of rape and aggravated penetrative sexual assault are committed,
by exercising its jurisdiction under Article 226 of the Constitution of
India and/or Section 482 of the Cr.P.C., the High Court cannot acquit an
accused whose guilt has been proved”.
30. In Paragraph No.22, the Hon’ble Supreme Court also observed
that the Division Bench of the Calcutta High Court was perhaps
influenced by the fact that the victim’s parents did not support her and
therefore, by sending the accused to jail, she and her child would be
miserable as the accused and his family were taking care of them.
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31. The Hon’ble Supreme Court thereafter had constituted a
Committee of Experts and passed the following orders:-
“44. Hence, we pass the following order:
(a) The impugned judgment of the High
Court is set aside and the judgment of the Special
Court is restored to the extent of the conviction of the
accused for the offences punishable under sub-
sections (2)(n) and (3) of Section 376 of the IPC and
Section 6 of the POCSO Act. Accordingly, the
accused stands convicted. The acquittal of the
accused for the offences punishable under Sections
363 and 366 of the IPC is confirmed. The appeal is
partly allowed. The issue regarding sentencing will
be considered after receiving the report of the
committee in terms of clause (h) below.”
32. Thereafter, pursuant to the aforesaid direction of the Hon’ble
Supreme Court dated 20.08.2024, yet another order was passed by the
Hon’ble Supreme Court on 23.05.2025 in In Re: Right to Privacy of
Adolescents. There, the Hon’ble Supreme Court underscored its
decision in Gian Singh Vs. State of Punjab, (2012) 10 SCC 303, where
the Hon’ble Supreme Court had cautioned the exercise of power under
Section 482 of Cr.P.C. and that such power can only be exercised to
secure the ends of justice or to prevent abuse of the process of any Court.
33. Before the Hon’ble Supreme Court, the amicus curiae earlier
appointed, had also stressed the need to identify the relevant factors to be
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considered by the High Courts while quashing the proceedings under the
Protection of Children from Sexual Offences (POCSO) Act, 2012 in
order to curtail inconsistent approaches towards the same.
34. After appreciating the facts of the case and taking note of the
struggle of the victim who was sheltered by her in-laws and that she had
incurred huge expenses for securing the release of the accused, the
Hon’ble Supreme Court observed that the facts of the case was an eye
opener for everyone and it highlighted the lacunae in the legal system.
35. The Hon’ble Supreme Court in Paragraph No.23, clearly observed
that the Final Report concludes that though the incidence was seen as a
crime in law, the victim did not accept it as one.
36. In Paragraph No.23, the Hon’ble Supreme Court noted that the
Committee recorded that it was not the legal crime that caused any
trauma to the victim, but rather it was the consequences that followed,
which affected her. The Apex Court also underscored the plight of the
victim in warding off the rigors of the law as she had to face Police, the
legal system, and the constant battle to save the accused from
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punishment, while also taking care of her daughter born to them to the
best of her ability notwithstanding the huge financial burden involved.
Paragraph No.23 of the said judgement is extracted below:-
“23. The facts of this case are an eye
opener for everyone. It highlights the lacuna in
our legal system. The final report concludes that
though the incident was seen as a crime in law, the
victim did not accept it as one. The Committee
records that it was not the legal crime that caused
any trauma to the victim, but rather, it was the
consequences that followed, which took a toll on
her. What she had to fact as a consequence was
the police, the legal system and the constant battle
to save the accused from punishment. At the same
time, she took care of her daughter to the best of
her abilities, notwithstanding the huge financial
burden she carried. In fact, the final conclusion in
the report is an eye opener. The relevant part of
the final report reads thus:
“In conclusion, a heinous
crime causes trauma in the
psyche of the victim. In this
case, the law saw it as a
crime, the victim did not.
Hence, the legal crime did not
cause any trauma on this
particular victim. It was the
consequences thereafter – the
police personnel, the legal
system, the battle to save her
husband and do the best for
her daughter while having a
financial burden, which is
taking its toll on her. A
young woman, who refuses to
be called a “Victim”, fighting
for her husband needs all the19/29
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Crl.A.No.92 of 2022support that can be made
available. It would be in the
best interest of the child if the
family structure can be
restored.””
37. Ultimately, the Hon’ble Supreme Court in Paragraph No.24,
considered the troubling question of sentencing as the victim did not treat
the incident as a heinous crime, however, suffered because of it.
Paragraph No.24 from the Judgment is extracted below:-
“24. What troubles us is the issue of
sentencing. The reports of the Committee stare at
our faces. Though the victim did not treat the
incident as a heinous crime, she suffered because
of it. This was because at an earlier stage, the
victim could not make an informed choice due to
the shortcomings of our society, our legal system
and her family. In fact, she did not get any
opportunity to make informed choice. The society
judged her, the legal system failed her, and her
own family abandoned her. Now, she is at a stage
where she is desperate to save her husband. Now,
she is emotionally committed to the accused and
has become very possessive of her small family.”
38. In Paragraph No.26, the Hon’ble Supreme Court observed as
under:-
“26. In law, we have no option but to
sentence the accused and send him to jail for
undergoing the minimum punishment prescribed by
the Statute. However, in this case, the society, the
family of the victim and the legal system have
done enough injustice to the victim. She has been20/29
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Crl.A.No.92 of 2022subjected to enough trauma and agony. We do
not want to add to the injustice done to the victim
by sending her husband to jail. We as Judges,
cannot shut our eyes to these harsh realities.
Now, at this stage, in order to do real justice to the
victim, the only option left before us is to ensure
that the accused is not separated from the victim.
The State and the society must ensure that the
family is rehabilitated till the family settles down
in all respects.”
39. Again in Paragraph No.30, the Hon’ble Supreme Court observed
as under:-
“30. The learned senior counsel
appointed as amicus curiae have come out with
very important suggestions which we have
highlighted in the earlier part of this judgment.
This Court cannot leave this case by simply
making an attempt to take care of the family of
the victim. This Court will have to carry it further
by taking forward the suggestions of the learned
amici curiae. For carrying forward the
suggestion of the learned amici, we propose to
implead the Union of India through the Ministry
of Women and Child Development, so that more
effective orders can be passed.”
40. Thus, exercising its power under Article 142 of the Constitution
of India, the Hon’ble Supreme Court issued certain directions which are
captured in Paragraph No.31, which is reproduced below:-
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Crl.A.No.92 of 2022“31. Hence, we pass the following order:
a) We exercise our extraordinary jurisdiction
under Article 142 of the Constitution of India and
hold that though the accused stands convicted, he
will not undergo sentence for the reasons stated
earlier;
b) We direct the State to take following
measures:
i) To act as a true guardian of the victim
and her child;
ii) To provide a better shelter to the victim
and her family within a period of few months
from today;
iii) To bear the entire expenditure of the
education of the victim till Xth standard
examination and if she desires to take up
education for a degree course, till the
completion of degree course. After she
passes her Xth standard examination, the
State can offer her vocational training,
obviously, at the cost of the State;
iv) To bear the entire expenditure of the
education of the child up to Xth standard and
ensuring that she id educated in a very good
school the vicinity of the place of residence of
the victim; and
v) To endeavour to take the assistantce of
NGOs or public-spirited citizens for the
purpose of securing the debts incurred by the
victim as a one-time measure.
c) We direct the State to file compliance report
giving details of the implementation of the
directions contained in clause (b) above. The first
compliance report shall be filed by 15th July 2025.
Thereafter, compliance reports shall be filed after
the interval of every six months. The first
compliance report will be considered on 25th July
2025. We direct the Registry to list the case on 25 th
July 2025.
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d) Issue notice to the Union of India through
the Secretary of the Ministry of Women and Child
Development. The notice is made returnable on 25th
July 2025. A copy of the judgement dated 20th
August 2024 and this judgement shall accompany
notice.
e) Immediately on service of notice, the Secretary
of the Ministry of Women and Child Development
shall appoint a Committee of experts to deal with
the suggestions of the learned amici curiae. Senior
officers of the State shall be a part of the
Committee. If necessary, the Committee can also
consult the learned senior counsel appointed as
amici curiae. Immediately on service of notice, the
Secretary shall constitute a Committee. The
members of the Committee constituted by this Court
shall be permanent invitees to the said Committee;
and
f) The Committee will submit a detailed report
before the returnable date to this Court. To
consider the implementation of the suggestions of
the learned amici curiae based on the said report,
this Court will pass further directions from time to
time.”
41. At this stage, I may also refer to a three-judge decision of the
Hon’ble Supreme Court in Ramawatar Vs. State of Madhya Pradesh
in Criminal Appeal No.1393 of 2011 vide order dated 25.10.2021.
42. There, the Hon’ble Supreme Court quashed the conviction
under the provisions of the Scheduled Castes and the Scheduled Tribes
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Crl.A.No.92 of 2022
(Prevention of Atrocities) Act, 1989. In Paragraph No.13, the Hon’ble
Supreme Court observed as under:-
“13. We, however, put a further caveat that
the powers under Article 142 or under Section 482
Cr.P.C., are exercisable in post-conviction matters
only where an appeal is pending before one or the
other Judicial forum. This is on the premise that an
order of conviction does not attain finality till the
accused has exhausted his/her legal remedies and the
finality is sub-judice before an appellate Court. The
pendency of legal proceedings, be that may before the
final Court, is sine-qua-non to involve the superior
Court’s plenary powers to do complete justice.
Conversely, where a settlement has ensued post the
attainment of all legal remedies, the annulment of
proceedings on the basis of a compromise would be
impermissible. Such an embargo is necessitated to
prevent the accused from gaining an indefinite
leverage, for such a settlement/compromise will
always be loaded with lurking suspicion about its bona
fide. We have already clarified that the purpose of
these extra-ordinary powers is not to incentivise any
hollow-hearted agreements between the accused and
the victim but to do complete justice by effecting
genuine settlement(s).”
43. In Paragraph No.18, the Hon’ble Supreme Court observed that
the factors to be considered by the Courts would depend on the facts and
circumstances of each case.
44. The above observation was made in the context of both Article
142 of the Constitution of India and also under Section 482 of Criminal
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Crl.A.No.92 of 2022
Procedure Code. The expression used in Article 142 of the Constitution
of India is to do complete justice, whereas the inherent powers of the
High Court under Section 482 of Cr.P.C. is threefold viz. i) to make such
orders as may be necessary to give effect to any order under the Code, ii)
or to prevent abuse of the process of any Court , iii) or otherwise to
secure the ends of justice.
45. Incidentally, a similar decision has been rendered recently by
the Division Bench of the Calcutta High Court in Shri Roshan Lakra
Vs. The State and another vide its Judgment dated 08.05.2026 in
CRA.Nos.4 of 2024 and 5 of 2025.
46. Recently, the Hon’ble Supreme Court has also come to the
rescue of an accused under similar circumstances in its Judgment dated
26.05.2026 in the case of Maruthupandi Vs. State, Represented by the
Inspector of Police and another in SLP (Crl.) No.2782 of 2021. There,
the Hon’ble Supreme Court has taken note of the situation that the parties
have settled in a matrimony. However, the order was passed under
Article 142 of the Constitution of India by setting aside the Judgment of
conviction and sentence for the offence under Section 5(1) of the
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Protection of Children from Sexual Offences Act, 2012 and that the said
decision was not to be treated as a precedent.
47. The Hon’ble Supreme Court in The State of Uttar Pradesh
Vs. Anurudh and another, 2026 SCC OnLine SC 40, took judicial note
of misuse of laws and recommended the introduction of a Romeo-Juliet
Clause to exempt genuine adolescent relationships from the stringency of
such laws. Relevant portions are extracted below:-
“Considering the fact that repeated judicial
note has been taken of the misuse of these laws, let
a copy of this judgment be circulated to the
Secretary, Law, Government of India, to consider
initiation of steps as may be possible to curb this
menace inter alia, the introduction of a Romeo-
Juliet clause exempting genuine adolescent
relationships from the stronghold of this law;
enacting a mechanism enabling the prosecution of
those persons who, by the use of these laws seeks to
settle scores etc.”
48. The drift in the criminal jurisdiction is to give solace to
genuine young couples who may have invited the refrain and rigors of
law under the Protection of Children from Sexual Offences (POCSO)
Act, 2012.
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49. Thus, I am of the view that this is a fit case for exercising the
powers under Section 482 read with Section 386(b)(iii) of Cr.P.C, while
sustaining the findings/conviction, to set aside the sentence alone to meet
the ends of justice, considering the facts and circumstances of the case.
50. There are extenuating circumstances in the present case as the
Appellant and the Victim have now settled in matrimony and are
responsible for welfare of an infant who is aged about 10 months.
51. That apart, in the statement, the victim had also stated that the
victim and the Appellant/Accused were involved in love affair.
52. Considering the overall facts and circumstances of the case and
considering the gravity of the offence/situation and the period of
incarceration already undergone by the Appellant, I am inclined to set
aside the sentence imposed by the Trial Court while sustaining the
conviction.
24.06.2026
Neutral Citation: Yes / No
arb
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Crl.A.No.92 of 2022
To:
1.The Inspector of Police,
Thittakudi Police Station,
Cuddalore District.
2.The Special Court for Exclusive Trial Cases under POCSO Act,
Cuddalore.
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C.SARAVANAN, J.
arb
Crl.A.No.92 of 2022
24.06.2026
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