In Re: Right To Privacy Of Adolescents 2025 INSC 778 - POCSO Conviction Upheld - No Jail Sentence
POCSO Act - SC refused to award jail sentence a POCSO convict and observed: 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- If we send the accused to jail, the worst sufferer will be the victim herself -in this case, the society, the family of the victim and the legal system have done enough injustice to the victim. She has been subjected 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. (Para 24-26)
