The Supreme Court on
Tuesday set aside a controversial judgment by the Calcutta High Court, which
had acquitted a man accused of raping a minor girl and made objectionable
remarks advising adolescent girls to “control their sexual urges”. The apex
court reinstated the conviction of the accused under the Protection of Children
from Sexual Offences (POCSO) Act.
The case involved a man
who had been previously sentenced to 20 years in prison for sexually assaulting
a minor with whom he allegedly had a ‘romantic affair”. The Calcutta High
Court, in a 2023 ruling, acquitted the accused while making controversial
observations that adolescent girls should control their sexual desires,
suggesting that giving in to such urges would result in them being seen as ‘losers’
by society.
The
West Bengal government had appealed against the High Court’s verdict, leading
to the Supreme Court’s intervention. The apex court had earlier taken suo motu
cognizance of the matter and criticised the High Court’s approach, questioning the
validity of the acquittal.
The
Supreme Court restored the man’s conviction under Section 6 of the POCSO Act,
along with Sections 376(3) and 376(2)(n) of the IPC.
The Supreme Court
expressed strong disapproval of these statements, describing them as “highly
objectionable and completely unwarranted.” The bench, comprising Justices Abhay
S Oka and Ujjal Bhuyan, emphasised that judges should base their decisions on
the law and facts, rather than expressing personal opinions or “preaching” in
their judgments.
The court noted that the
High Court’s observations were not only irrelevant but also inappropriate in
the context of the legal proceedings.
The Supreme Court’s
judgment also highlighted the problematic trend of ‘victim-shaming’ and
‘stereotyping’ in judicial proceedings, stressing that the exercise of
individual rights should not be conditional on fulfilling socially defined
duties, particularly for women.
In its ruling, the
Supreme Court also issued comprehensive guidelines for the proper application of
the POCSO Act and emphasised the need for judges to adhere strictly to legal
principles while drafting their judgments.
The top court also
constituted a committee of experts to assist the victim in making informed
decisions about her future.